When you’re dealing with a divorce, it’s important that you have the opportunity to work through your disputes outside court. If you and your spouse are both willing to do so, you can save a lot of time and money (in most cases) if you’re able to negotiate outside of going to trial.
Alternative dispute resolution techniques are helpful when you’re trying to avoid taking your conflicts before a judge. You can try arbitration or mediation, for example, to work through disputes. Conflict resolution and facilitation may also be options available to you.
Facilitation is one kind of alternative dispute resolution that people don’t know as well as some others. It’s an approach in which a neutral party works with your group to help you facilitate a solution. It’s very similar to mediation.
Mediation is among the least formal ways to negotiate. A third-party mediator will listen to the issues you’re having and guide you as you work through the problems and find solutions. In arbitration, you present your wants and needs along with any arguments you have, and an arbitrator decides on a resolution, much like a judge would in court.
All of these different options could be helpful to you if you want to avoid going to trial. You and your spouse need to commit to them, though. If either of you refuses to continue with ADR or decides that they don’t want to negotiate, negotiations may come to an end and you may end up going to trial anyway.
Finding a peaceful and fair solution to your problems is always better than litigation. Our website has more on ADR and if it’s the right solution for your divorce case.