Dispute Resolution Methods in Divorce
If you and your spouse have decided to pursue a divorce or are considering it, be advised that you may not have to go to court in order to resolve the legal details of your split. You can grease the wheels of your divorce and avoid much of the drama and costs by utilizing methods of alternative dispute resolution, which occurs in the following forms:
There are many reasons to give alternative dispute resolution a shot before taking your divorce to court. For starters, you will pay a fraction of the cost and avoid the astronomical fees associated with a divorce suit. You will also be able to resolve your divorce much more quickly and do so as your own schedule allows by circumventing the back-logged, often inefficient court system.
Using a method of alternative dispute resolution also allows more room to preserve your relationship with your spouse after your divorce. This could be especially important among divorcing couples who will still be rearing children together after splitting up. Avoiding a contentious court case also minimizes the emotional toll on both parties by encouraging cooperation.
One of the most desirable benefits of resolving your divorce via alternative methods is that all decisions and important conversations are guided by a neutral third party who is trained in finding fair solutions and encouraging joint decision-making. This could produce a more desirable result than taking your divorce to court and having the outcome decided by a judge or a jury, whose partiality or personal prejudices may unfairly factor into decisions made about your future, division of property, rights as a parent, and so on.
However, using an alternative method may not be appropriate if one half of the divorcing couple is at a significant disadvantage or has been historically victimized or abused by the other. Alternative dispute resolution is also not appropriate if you wish to maintain total control over how assets, parenting rights, property, etc. are divided and are unwilling to negotiate.
If you are considering mediation as a means of settling the details of your divorce, call the Law & Mediation Firm of Klueck & Hoppes today at (619) 577-4900. Our San Diego divorce mediation attorneys are ready, willing, and professionally trained to help you minimize the strain of divorce and make the process as seamless as possible.