You and your spouse have been less than kind to one another throughout the divorce process, but you want to come to an agreement and move forward. You know that your dispute can’t last forever, and you’d rather not take it to trial.
Fortunately, there are a few options that can help. Alternative dispute resolution (ADR) can be a good way to resolve conflicts without having to take your case to court. You may find that these alternatives are cheaper and faster as well.
Some of the kinds of alternative dispute resolution you might be interested in include:
With facilitation, a neutral party works with both groups and helps them become more effective while searching for a solution to a problem. This is similar to mediation, though it is generally used by government agencies, nonprofits and businesses. It may be good to use in your situation if you and your spouse need to learn to work together more effectively during and after your divorce.
Arbitration is a more formal kind of dispute resolution. A third party, the arbitrator, holds an informal hearing and makes a decision based on the facts that each side presents. Arbitration may be binding, nonbinding or court-connected. In many cases, arbitration is cheaper and less time-consuming than litigation.
With mediation, a third party works with both of the other parties to guide them toward a solution. The parties who are involved are in control of the session, but the mediator keeps it on track.
If any of these kinds of alternative dispute resolution sound good to you, then you may want to speak with your attorney about scheduling a session. It may take several sessions to resolve your disputes, but you will be able to avoid trial if you both can commit to ADR and come to an agreement.