The Simplest Alternative to Divorce Resolution Most Couples Don’t Know About

Criminal AttorneyDecember 11, 2019

We often hear about messy divorces between celebrity power couples but don’t really see the ugly truth behind the process until we are, unfortunately, traveling the same path.

On top of the heartache, you and your partner must also decide on how to tackle things legally – no matter how anxiety-inducing this may be. You’ll soon find out that while divorce may be glorified on television, itis far from being a walk in the park, not to mention the dent it can put in your pocket

But how much does a divorce cost exactly? An arm and a leg? Not when you weigh out all the options and pick the best one for you. Divorce is a challenging process for couples, especially when there are kids involved.

Apart from the psychological effects on all parties involved, the couple is usually faced with the difficult task of splitting their lives, responsibilities and shared assets, as well as deciding on child custody and alimony. Imagine having to think about all of this on top of the heartache you’re experiencing.

Litigation

Litigation can often be the best way to get out of a messy divorce, but it is the most costly of all the options

If things didn’t end well between you two, you may want to take things to court to resolve a dispute. But take note that this process is usually lengthy and costly for both parties, who must hire attorneys that will represent them in court.

The lawyers will also try to convince the judge of their client’s demands just to get the desired outcome. This could result in multiple court proceedings which may last for months, and even years.

Alternative Dispute Resolution

Some couples can’t afford to hire high-powered lawyers just to defend them. Alternative dispute resolution methods have been becoming popular simply because people prefer the less expensive option that won’t require attorneys and expensive lawsuits.

If agreed upon, parties don’t need to clear up their schedules to go to courthouses. They can choose between mediation and arbitration, which are both less costly than litigation and may prove to be less time-consuming but have different benefits.

Mediation

Mediation involves negotiating in the presence of a neutral mediator

The more preferred option is mediation, wherein both parties negotiate their terms in front of a mediator, who might act as an attorney but should remain unbiased and neutral.

In short, the mediator will supervise the negotiations without giving any suggestions, advice, or recommendation to any party. Instead, they will guide both parties towards reaching a solution. Once the dispute is settled, a formal agreement should be made.

This is beneficial for couples who are looking to avoid exorbitant legal fees and are open to communication with each other. That said, this is an option for those who can get candid and real in front of a mediator to resolve the conflict.

Arbitration

Arbitration is another dispute resolution method which is far more formal than mediation

Arbitration is also a kind of alternative dispute resolution, but unlike mediation, this is more formal – oftentimes taking some aspects of the traditional litigation.

A couple will also need to hire lawyers and select an arbitrator. There will be a hearing where the attorneys will present arguments and documents and the arbitrator will be the one to decide.

The downside is the decision will not be court-reviewable. This is relatively faster than other options, too, as a decision will be reached within a week.