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Types of alternative dispute resolution for divorce cases

On Behalf of | Oct 3, 2024 | Collaborative Divorce |

Divorces are commonly portrayed as battles that are won and lost in the courtroom. This isn’t necessarily a true reflection of reality. The majority of cases are settled outside of a trial, and this includes divorce cases.

A more productive way to settle divorce procedures is through alternative dispute resolution (ADR). There are several types of ADR. Some of the most common are outlined below.

Mediation

Divorce mediation is one of the least combative ways to divorce. This process relies on spouses being able to communicate and compromise. While a mediator facilitates negotiations, they do not provide a ruling like a family court judge. The process relies on divorcing spouses being able to work together to come to a suitable divorce settlement.

Arbitration

Arbitration is often confused with mediation, but the process is much different. While negotiations are held outside of the courtroom, the arbitrator does come to a ruling. Each side will present their legal case, and the arbitrator will reach as objective a ruling as possible. Once a ruling has been made, it is usually sent to a family court judge for final approval.

Collaborative divorce

A collaborative divorce is a bit more structured than both mediation and arbitration. Both parties will have legal teams who argue their case. Nonetheless, the emphasis is still on communication and cooperation. While this process is more structured, it can still be cheaper and more time-efficient than a fully litigated divorce.

Collaborative approaches are certainly things to consider if you’re going through a divorce. Having legal guidance will help you to make informed decisions.

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