On behalf of Stephen Bedor of Law Office of Stephen J. Bedor posted in alternative dispute resolution on Thursday, January 31, 2019.
Alternative dispute resolution (ADR) is an excellent way to move forward in a divorce when there is a dispute. It's an alternative way to come to an agreement that doesn't have to involve the court directly.
The Department of Justice suggests that people should attempt to use collaborative problem-solving processes to work through their disputes instead of bringing them to court. This saves time, money and energy that is better spent elsewhere.
What can you do if you and your spouse can't agree?
Mediation is one kind of ADR that you may want to try. Mediation isn't binding, so you don't have to worry about ending up with an outcome you're not happy with. You and your spouse, as well as a mediator, sit together to talk through problems. The mediator helps keep you on point and helps you both think about the potential outcomes of your decisions.
Another option is arbitration, which allows you and your spouse to present your arguments to an arbitrator. That person then decides on a resolution to the problem. Usually, this is binding, so the resolution the arbitrator comes up with is final.
In both cases, you could have your attorney present or keep them informed of the agreements you plan to make. It's always a good idea to have your attorney with you when possible, so you know that you're protecting your interests and not agreeing to something that isn't beneficial to you or that you don't understand.
Our site has more on ADR and how it could help resolve your disputes during divorce.