Alternatives to Divorce Litigation: Mediation and Arbitration
For an overwhelming majority, going through the process of divorce can be a very difficult and emotionally draining time. It’s extremely rare for a couple to go through the process with no conflict whatsoever. In most cases, even the spouses who are generally amicable about their decision will face points of contention with regards to several issues. Typically, divorcing spouse is going to have problems deciding on arrangements for shared finances and properties, alimony, child custody, and other similar concerns. It is because of this that Arenson Law Group, PC emphasize that divorce can be a very difficult process that requires the couple to seek out assistance from professionals qualified to help them, therefore, it has to be approached carefully.
The traditional way to resolve these concerns and come to a single, unified decision is through divorce litigation. Here, a judge will preside over the divorce process and hears arguments from both spouses regarding the conflict in their decision. At the end of it, the final decision will be up for the judge to make. It is, however, important to note that such a process will usually take a lot of time and financial expenses. It can also add stress to an already tense situation, making the conflict between the spouses even greater. Those looking to avoid this can consider two main alternatives.
The first option is to undergo the process of mediation. Couples who opt for this alternative will be able to negotiate with one another outside the court. The process is guided by a mediator who will facilitate the discussions between spouses and encourage them to communicate with one another. Unlike a judge of the court, the mediator will not be responsible for making any decision for the couple. At the end of the mediation process, couples are expected to arrive at amicable decisions by themselves. This is particularly advantageous for couples with children, because it can help them maintain a healthy and respectful relationship with one another.
If an impasse can’t be overcome through mediation, couples can also opt to go through arbitration. Here, the spouses will be working with an arbitrator who will hear arguments from both and settle their disagreements by making the decision for them. In other words, they will act in the same way as a judge would if the divorce is to undergo litigation. The difference with arbitration is that the divorcing couple is allowed to define the process and set a deadline for the arbitrator to make a decision.