Comparing Methods of Dispute Resolution

When you and your spouse decide to get a divorce, you do not necessarily have to go through the traditional courtroom litigation process. In fact, it’s highly advisable to avoid that process if at all possible, as it can get long, drawn out and expensive, not to mention it’s public.

Here are a few examples of some of the alternative methods of dispute resolution for divorce. Talk to your spouse and your attorney about what you believe to be the best for your circumstances.

• Negotiation: In this type of dispute resolution, the parties work together to resolve the issues by themselves. There is not a third party who gets involved to guide the parties toward a solution; the success of this method hinges on the parties negotiating with each other in good faith.

• Collaborative divorce: In collaborative divorce, both parties have their own attorney. These parties work together to resolve the issues of the divorce in negotiations led by the lawyers. If the spouses cannot resolve the matter in a settlement, the lawyers end their representation of the clients, and the clients start anew with new attorneys.

• Mediation: In mediation, a third-party mediator guides the discussions between the spouses to help facilitate negotiations and an eventual agreement. The mediators will not advocate for either party or suggest solutions, but they will help the parties maintain positive discussions and good momentum.

• Arbitration: In this method, a third-party arbitrator hears both parties’ sides of the relevant divorce issues and then makes a decision of their own that the spouses have to abide by. The arbitrator is usually a retired judge, but can be another type of legal professional.

For more information about alternative dispute resolution for your divorce, contact an experienced Long Island attorney at Solutions Divorce Mediation.