Divorces can get out of hand. You and your spouse may no longer get along, and that can make things contentious. Instead of going through a conflict that heads to trial, a good option is to try alternative dispute resolution (ADR).
Alternative dispute resolution tactics vary, but the primary goal is to keep your case out of the court. If you do go through a trial, your personal information will be exposed, which may be something you don’t want. On top of that, you can’t control the outcome in court, so you may not get what you want in the end.
What are some kinds of alternative dispute resolution?
The two primary types of ADR are arbitration and mediation. You may also want to consider a collaborative divorce, where you work together to resolve issues related to your divorce and for the common good.
In any kind of situation that uses ADR, you should ask if the results will be binding or nonbinding. Nonbinding results mean that you can change your mind if you don’t like the resolution that was agreed on. Your spouse could reject the resolution as well. This is most common in mediation sessions.
With a binding form of alternative dispute resolution, you will need to agree to whatever the outcome is. This is most common in arbitration.
Negotiating is a part of divorce, and it can be hard. Fortunately, with the right help and alternatives to trial, you and your spouse can work together toward an agreement that you can both be happy with.
Your attorney can provide more information on ADR and help you decide if it is right for your case.