When ending their marriages, an increasing number of individuals are looking for more peaceful options of resolution, as opposed to proceeding directly to litigation. These less adversarial methods fall under the category “alternative dispute resolution” (ADR). ADR can come in the form of mediation or collaboration and involves working together with your soon-to-be ex-spouse to find mutually agreed upon terms to difficult divorce issues. Each of these options is governed by a specific set of rules so it is important to find an attorney who has specific training in using ADR techniques but also has a dedicated focus on ADR and divorce.
At Judd & Moss, P.C., we fully advocate for solutions obtained through ADR methods to save our clients the cost, stress and time associated with a trial. Both of our firm’s partners have a strong ADR/divorce practice and have helped a significant number of clients find resolution through these methods. Our attorneys are trained in both mediation and collaborative practice.
Collaborative Divorce Provides Couples An Opportunity To Create Their Own Agreements
To proceed collaboratively, a divorcing couple and their attorneys commit in writing to working toward a settlement of the parties’ issues. Meetings occur between the attorneys and between them and their clients to find common ground and arrive at a settlement.
As part of the collaborative agreement, if a settlement cannot be achieved, each party’s collaborative lawyer must bow out and the parties must hire other lawyers to litigate in court. When the collaborative process is successful, however, parties can avoid a trial and have a result in which they have had significant input in crafting.
Divorce Mediation Can Be Beneficial When Couples Wish To Have More Control
In the mediation process, the mediator is a neutral third party who represents neither spouse. The mediator’s role is to help the divorcing couple come to an agreement resolving all marital issues, including custody, visitation, maintenance, child support and asset/debt distribution. It often takes several meetings with the mediator to resolve these marital issues.
After a mediated agreement is reached, it is still common for each party to take the mediation agreement to an attorney of his or her choosing, who is not neutral. The attorney reviews the agreement for his or her client and advises on the fairness of the deal.
One of the main benefits of mediation is that it allows the parties to remain in much more control of the outcome of their matter, as opposed to a trial where a judge would determine the results.
Contact Us Today To Learn More About Your Alternatives
Resolving your family law matters using an alternative to litigating can prove more satisfying in the long-term. While these methods are not for everyone, our attorneys at Judd & Moss, P.C., can help you determine whether one of these strategies will be the best method for your legal needs. Email us or call 631-615-1758 to schedule a free initial consultation.