Divorce: Mediation and Arbitration

May 12

Going through a divorce can be a real challenge. Aside from the emotional trauma that it usually entails, divorcing couples also have to go through often drawn-out procedures just to come to an agreement. Traditionally, these procedures are undertaken in the public courtroom and are moderated and decided on by a judge. However, proceedings like these usually cause a lot of stress for the couple involved and can aggravate an already unpleasant situation. Thankfully, there are several legal options that can help couples by pass the often lengthy and complicated process of a courtroom divorce. On their website, the family lawyers of Marshall & Taylor, P.C. point to mediation and arbitration as viable alternatives.

In mediation, spouses are given the opportunity to negotiate about certain details of their impending divorce through the help of a mediator. This mediator won’t be making decisions for the couple, as a judge would in traditional divorce proceedings. The mediator will instead as a bridge that can help see the couple eye to eye on certain issues. He or she will help the couple determine the interests of each party and guide them towards an amicable agreement.

Mediation is often the best option for couples that are interested in maintaining a healthy relationship after their separation. It is particularly helpful for couples looking to co-parent children, or those who might have to maintain a future working relationship in some other capacity (say, as business partners). Mediation can also be particularly cost effective and can finalize the divorce in a much shorter timeframe. One downside, however, is when couples hit a wall and declare an impasse. Since the mediator has no power to make decisions, the couple will have to seek an alternative method to resolve their issues.

Divorcing couples can avoid litigation by looking into arbitration to resolve complex issues that could arise during mediation. Through the process of arbitration, the couples will have an opportunity to make their case in a private setting and have an appointed arbitrator settle their disputes. In a way, an arbitrator takes on the role that a judge would. However, unlike in the courtroom, the divorcing couple has the power to define the procedure and determine a specific timeline for the arbitrator to make a final decision.

Divorce can become a very complicated process for most couples. The proceeding can quickly become emotional exhausting and can cause a lot of stress for the divorcing couple. Individuals going through a divorce should contact experienced family lawyers to learn more about options that can ensure an easier procedure.

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