To avoid the costly and lengthy process of litigation, some couples may opt for an alternate type of dispute resolution for divorce. Find out the differences between mediation, collaboration, and arbitration, and how a dedicated Morris County divorce lawyer at Graves Andrews, LLC can help you navigate which option is best for your situation.
What is a mediated divorce process?
The mediation divorce process involves a neutral third party who will assist the spouses in finding a solution that works for both of their best interests. Notably, this mediator does not necessarily have to be an attorney. The following are some benefits of the mediation route:
- It is shorter and less expensive than a collaborative or litigated divorce as they are not at the mercy of the court or attorneys.
- The spouses have control over making their own decisions rather than the court.
- The information discussed during the process is kept confidential, which encourages an environment of open and honest conversation.
- It is voluntary and can stop at any time.
On the flip side, below are some disadvantages:
- There are no formal rules.
- It may be unproductive for spouses who disagree on significant issues, such as property division, child custody, or alimony.
- It may be an inappropriate process if there is a history of domestic violence.
What type of dispute resolution is collaboration?
Collaborative divorce includes a series of meetings where spouses communicate and settle marital issues with the assistance of their respective attorneys. Instead of a third party, the spouses’ attorneys will guide the process.
It is important to note that collaborative divorce is supported by a Participation Agreement. When the attorneys sign this agreement, it bars them from representing these clients in litigation. So, if the spouses are ultimately unable to reach a settlement and want to take the litigation route, they will have to start the process all over again and also find new attorneys to represent them.
What type of dispute resolution is arbitration?
Arbitration is similar to mediation because it requires the assistance of a third party. However, in this case, the third party acts as a judge, and they will make all necessary final decisions regarding the spouses’ marital issues.
If you require further assistance in deciding which type of dispute resolution for divorce is in your best interest, do not hesitate in reaching out to a seasoned Morristown family law attorney today.
Contact Our Experienced New Jersey Firm
Graves Andrews, LLC is an experienced Morris County family law firm serving all of New Jersey. Contact Graves Andrews, LLC to schedule an initial consultation to learn more about our services and how we can assist you. Reach out to our experienced attorneys today to get started.