Divorce
A Child Advocacy Company
Bringing Support to Parents
Building Strength to Children
Bringing Support to Parents
Building Strength to Children
OPTIONS INSTEAD OF DIVORCE
Couples who are contemplating divorce are as overwhelmed because there are so many issues to
consider, child support, marital property and child custody. Many people don’t know what other
alternatives are available. Below, there are several alternatives to seeking an immediate divorce,
which should aid you in the separation processes, but allow for more time to work out the conflicts
that arise. Most states refer to this as the Alternative Dispute Resolution (ADR). Many states
encourage the use of these alternatives as they are less costly then going to court, frees up the
court to hear more complex cases and allows for the parties involved to have to go into the
courtroom to resolved there differences.
MEDIATION:
Mediation encourages parties to hire a neutral divorce mediator, usually an attorney or family
therapist to meet with them. A mediator will conduct as many sessions as necessary to help these
parties reach agreement on their issues without resulting to a courtroom. A mediator does not play
the role of arbitrator or decision maker, rather they are there to help listen to both sides, point out
the equity in the distribution being discussed and help both parties see exactly what they are looking
for. The mediator is there to facilitate decisions made by both parties. Mediation can be faster and
far less costly than having to go into court, because neither party needs to hire an attorney and
there is only one person there to mediate for both parties. Mediation is the easiest way to settle
differences and still preserve the relationship that these two individuals have, especially if there
are children involved. Although anything that is decided during mediation is not binding and a
mediator can not decide issues of law, they can help facilitate the process between parties, to make
the split more amicable and preserve the relationship that the parties had. Mediation is a cost
effective way to settle your differences, outside of a court room.
COLLABORATIVE LAW:
In a collaborative law case, each client selects an attorney who makes a commitment not to go to
court to resolve the case. Each lawyer actually agrees in writing that they will withdraw from the
case if it goes to court as a contested matter. Collaborative Law is a relatively new approach to the
settling of marital problems. The reason for this switch was that many people felt that lawyers
were just taking divorce cases, as the sheer volume of divorce cases is staggering and they were
self serving their own needs. By agreeing to not go to court, the lawyer negates this perception. In
the collaborative law process, both parties actually hire the same appraisers, the same pension
actuaries and they reduce the games played by both sides, as well as the cost of the divorce
proceedings. The Collaborative Law process permits the parties to have meaningful involvement of
attorneys who can help with technical and creative solutions, without running the risk that the
situation will degenerate into a war. Some clients have found that in mediation, without the active
participation of attorney’s, is a little intimidating, especially when one of the parties is a better
communicator or litigator than the other. This eliminates that problem, but still keeps you out of the
court room.
ARBITRATION:
Arbitration allows for both sides to submit their evidence and dispute to a neutral third party who
will listen and make a decision. This decision of an arbitrator is binging and not appealable to a court.
If an individual is dissatisfied, they must go to court and start all over again. The individual chosen
to hear the case is usually a professional arbitrator hired through a professional organization. The
benefit of going using a arbitrator is that the party is outside of the judicial system, which
alleviates the need for the parties to go into the courtroom, however, there is a binding decision
(unlike mediation), so there will be resolution to the conflict between the parties.
Couples who are contemplating divorce are as overwhelmed because there are so many issues to
consider, child support, marital property and child custody. Many people don’t know what other
alternatives are available. Below, there are several alternatives to seeking an immediate divorce,
which should aid you in the separation processes, but allow for more time to work out the conflicts
that arise. Most states refer to this as the Alternative Dispute Resolution (ADR). Many states
encourage the use of these alternatives as they are less costly then going to court, frees up the
court to hear more complex cases and allows for the parties involved to have to go into the
courtroom to resolved there differences.
MEDIATION:
Mediation encourages parties to hire a neutral divorce mediator, usually an attorney or family
therapist to meet with them. A mediator will conduct as many sessions as necessary to help these
parties reach agreement on their issues without resulting to a courtroom. A mediator does not play
the role of arbitrator or decision maker, rather they are there to help listen to both sides, point out
the equity in the distribution being discussed and help both parties see exactly what they are looking
for. The mediator is there to facilitate decisions made by both parties. Mediation can be faster and
far less costly than having to go into court, because neither party needs to hire an attorney and
there is only one person there to mediate for both parties. Mediation is the easiest way to settle
differences and still preserve the relationship that these two individuals have, especially if there
are children involved. Although anything that is decided during mediation is not binding and a
mediator can not decide issues of law, they can help facilitate the process between parties, to make
the split more amicable and preserve the relationship that the parties had. Mediation is a cost
effective way to settle your differences, outside of a court room.
COLLABORATIVE LAW:
In a collaborative law case, each client selects an attorney who makes a commitment not to go to
court to resolve the case. Each lawyer actually agrees in writing that they will withdraw from the
case if it goes to court as a contested matter. Collaborative Law is a relatively new approach to the
settling of marital problems. The reason for this switch was that many people felt that lawyers
were just taking divorce cases, as the sheer volume of divorce cases is staggering and they were
self serving their own needs. By agreeing to not go to court, the lawyer negates this perception. In
the collaborative law process, both parties actually hire the same appraisers, the same pension
actuaries and they reduce the games played by both sides, as well as the cost of the divorce
proceedings. The Collaborative Law process permits the parties to have meaningful involvement of
attorneys who can help with technical and creative solutions, without running the risk that the
situation will degenerate into a war. Some clients have found that in mediation, without the active
participation of attorney’s, is a little intimidating, especially when one of the parties is a better
communicator or litigator than the other. This eliminates that problem, but still keeps you out of the
court room.
ARBITRATION:
Arbitration allows for both sides to submit their evidence and dispute to a neutral third party who
will listen and make a decision. This decision of an arbitrator is binging and not appealable to a court.
If an individual is dissatisfied, they must go to court and start all over again. The individual chosen
to hear the case is usually a professional arbitrator hired through a professional organization. The
benefit of going using a arbitrator is that the party is outside of the judicial system, which
alleviates the need for the parties to go into the courtroom, however, there is a binding decision
(unlike mediation), so there will be resolution to the conflict between the parties.
Disclaimer: BS Kids LLC legal research and information has been prepared for educational and informational purposes only. This material is not legal advice or legal
opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between BS Kids
LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional counsel. The
opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry Court, Hudson, NH
03051 781-756-1214.
opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between BS Kids
LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional counsel. The
opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry Court, Hudson, NH
03051 781-756-1214.
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