Different Methods of Dispute Resolution (Other than Litigation)
There are many unsettling changes to deal with when you are thinking about going through a divorce or dissolution: finding a new place to live, handling new financial responsibilities; custody arrangements, and the uncertainty of not knowing what the future will bring.
We Help Resolve Family Disputes without Going to Court
The prospect of going to court can be equally intimidating. That’s why more and more couples are turning to other methods of working through a divorce and dissolution. Such methods focus more on working together to come to a settlement everyone can live with instead of on-going litigation that can be both costly and emotionally harmful to the family.
How a couple divorces depends largely on the severity of disputes between them. It’s entirely possible for couples to divorce with no attorney involvement whatsoever. These spouse-to-spouse agreements are amicable splits between couples with no children. The settlement is formatted into a legally acceptable judgment of divorce, filed at the courthouse, and the process is complete.
However, in cases where there are disagreements and whenever children or considerable property is involved, legal representation becomes necessary to protect the interests of both parties.
Common Dispute Resolution Methods:
At Nickolls Law Firm we are committed to doing what's best for our clients - financially and emotionally. We help with all methods of dispute resolution and are always pleased when a dispute can be resolved with or without litigation. Typically, when all parties are willing to engage in dispute resolution methods, it can be possible to avoid costly legal fees, inconvenient trips to the court house over an extended period of time and the emotional stress associated with the court system. Dispute resolution covers a wide spectrum of methods for settling conflict. Common to almost all these methods is the participation of a disinterested, neutral third party, which can be the role taken by our family law attorneys. The most common dispute resolution methods are:
Mediation: A neutral third party, skilled in identifying areas of agreement and disagreement, helps the partners discuss their differences and reach a mutually satisfactory settlement. Generally the husband and wife work directly with the mediator without the attorneys present unless the parties want their attorneys to attend.
Collaborative Practice: Each party retains a different attorney and signs an agreement to reach a settlement without going to court. The couple agrees to honest, full disclosure of information and to remain respectful of each other throughout the process.
Arbitration: A third party (chosen by the parties and their attorneys) hears all sides of a dispute, reviews the evidence, and issues a decision, which is final. Parties agree to arbitration in advance through contract. Attorneys are present for the hearing.
Negotiation:The parties engage in back-and-forth discussions designed to reach an agreement. Generally the attorneys conduct the negotiations.
Parenting Coordinator: When parents need help making decisions for their children, our attorneys can act as a neutral resource to help them communicate and negotiate with each other and meet their parenting responsibilities.