Family law disputes such
as divorce, child custody, visitation, spousal support are frequently emotional
and stressful. When two parties cannot agree, they may believe taking their
case to court is the only option. However, litigation is expensive and can be a
very lengthy process. Additionally, the courtroom environment empowers the
judge to make decisions, which may not be appropriate for either party, instead
of allowing the two parties involved to decide what is best.
There are viable alternatives to litigation and these options often allow the
parties involved to determine what works best. When filing for a divorce you
should consider these effective alternatives.
1. The use a Mediator- Mediation can be a productive way for
each party to discuss, debate and decide for themselves the issues that are
important to them, including child custody, financial support and property
division. A professional mediator must be neutral. Through a series of
meetings, the mediator will draft a document outlining what was agreed upon.
That document will then be submitted to the court for approval. It is not a
legally binding document until approved by a judge. Since a mediator cannot
give legal advice, both parties should absolutely consult an attorney to
discuss their individual rights and the consequences of certain decisions
within the agreement drafted by the mediator. While many people wait until
after a mediation to consult their own attorney, you should meet and engage an
attorney PRIOR to mediation so you can be fully advised and educated before
your mediation. This is my preferred, and I believe most successful, way to
resolve cases amicably.
2. Enlisting the help of a parenting coordinator.
Child-related disputes are often the most debated issues during and after a
divorce. When issues between parents arise, enlisting the help of a parenting
coordinator can be beneficial. Like a mediator, a parenting coordinator is a
neutral professional that can help with dispute resolution, especially in cases
where parents have difficulty communicating and agreeing on matters.
3. Collaborative Law. The collaborative law process involves
working with a neutral party and your attorney to settle family law issues.
However, at the start of the process both parties must agree not to litigate
their case, and both attorneys must agree not to represent their clients in
litigation. While this agreement often forces the parties to work together to
amicably resolve an issue, it does restrict both persons from litigating even if
they feel it is necessary.
Whatever means of resolution you decide, it's important to understand your
options and seek the guidance and advice of an experienced professional such as
a mediator, attorney, or parenting coordinator.
