Mediation And Alternative Dispute Resolution In Divorce
While the courtroom is an appropriate setting to handle many disputes, it can make domestic matters more complicated and ultimately result in decisions that neither party wanted. Mediation allows you and your spouse to resolve differences out of court. With the assistance of a mediator, you can focus on the important issues and work towards a tailored solution for your family. At Bleczinski Kleiman & Klein, LLC, our attorneys have experience both as mediators and advisers for clients participating in the mediation process.
Benefits Of Pursuing Mediation And Other ADR Methods:
- Saves money: Typically less expensive, saving court costs and attorneys fees.
- Saves time: The process is usually faster.
- Protects privacy: Divorce details can be kept out of the public record.
- You and your spouse will have more control over the outcome.
- You can devise personalized solutions to account for your family’s specific needs.
- You can preserve relationships and prevent contentious court battles.
- You can address matters that may not be recognized by a court.
Is Mediation Right For You?
The mediation process works best for couples who wish to save time and money, as well as to preserve their privacy. If both parties wish to prevent contentious court battles and preserve their relationship moving forward, mediation may be the best option.
How Are Disputes Resolved In The Mediation Process?
Most divorcing spouses will have some disputes, even when they are generally in agreement about the divorce. Through the mediation process, the mediator will talk with each spouse separately, and go back and forth between the two parties as they work toward a solution. The mediator will work to give pertinent information to each party and clear up any misunderstandings until a final agreement is reached.
Do I Need An Attorney Through The Mediation Process?
Working with an attorney during mediation can give you a better understanding of your rights, options and the possible outcomes. Our attorneys are skilled negotiators dedicated to helping you protect your rights and the best interests of your family. As mediators, our priority is to facilitate an agreement between the parties and help them resolve issues while allowing them to fully express their positions.
The mediator must remain neutral and so cannot represent either party. One of our attorneys, Daryl Endy Klein, is a trained mediator. We also can help prepare our clients for the mediation process, and represent them during mediation if appropriate.
Mediation And Collaborative Law
An exciting, new form of alternative dispute resolution is called collaborative family law. This is an integrated, multi-disciplinary approach to resolving issues involved in divorce. In this approach, the parties sign a contract agreeing not to take the matter to court, but rather to make a good faith attempt to reach an agreement on all issues. Each agrees to fully disclose their assets to the other party. If no agreement is reached, and a party decides to litigate, both attorneys must resign.
An important part of the collaborative law process is the use of a multi-disciplinary team of professionals to assist the parties as needed. This team may include experienced domestic relations lawyers for each party, mental health professionals, a mutually selected neutral financial adviser and a child specialist, all trained in collaborative divorce. For more information, visit Collaborative Family Law Affiliates.