Alternative Dispute Resolution As A Means Of Achieving An Amicable Florida Divorce
While divorce tends to be associated with conflict and courtroom battles, the truth is that not all proceedings have to be that way. In fact, there are a lot of alternative methods of dispute resolution that couples can utilize to resolve their divorce-related disagreements, including mediation and collaborative divorce.
Divorce Mediation
Mediation offers divorcing couples an opportunity to work together in a neutral, but structured environment, where they can reach a satisfactory agreement about divorce-related issues on their own, without the intervention of a judge. This process is facilitated by a neutral third-party, who helps the parties negotiate and resolve their disputes in an out-of-court setting. While the mediator can make recommendations, he or she cannot force either party to agree to a settlement. Instead, the mediator works to promote open communication in a cost-effective way that is based on cooperation. This process also has the benefit of being completely confidential, unlike court proceedings, which (except in rare cases) are a matter of public record in Florida.
Collaborative Divorce
Collaborative divorce is another form of alternative dispute resolution that can help couples resolve their divorce proceedings without the intervention of a judge. This process also occurs in an out-of-court setting, albeit with the help of a team of professionals, including lawyers, forensic accountants, mental health experts, and child development specialists. These individuals can help couples reach an agreement on issues like property division, alimony, and child custody, ensuring fairness throughout the process.
Voluntary Arbitration
Family law arbitration is another form of alternative dispute resolution, wherein two parties mutually agree to have their case overseen by a private arbiter. Like a judge, this person can make binding and enforceable legal judgments on the parties’ behalf based on the evidence and arguments presented. Again, these proceedings are confidential, unlike divorces that are litigated in court. It also tends to be more cost-effective than taking a case to court, while giving the parties the comfort of a final decision made based on the merits of the case.
Informal Negotiation and Settlement Conferences
Not all alternative dispute resolution methods involve formal proceedings. Couples can, for instance, engage in settlement conferences and negotiations in an out-of-court setting. During these informal conferences, the parties can attempt to resolve their disputes on their own, but with the assistance of their attorneys. This is one of the most cost-effective forms of alternative dispute resolution.
Are You Considering Alternative Dispute Resolution?
If you and your soon-to-be former partner have children together, want to maintain a cooperative relationship, or simply wish to avoid lengthy and expensive divorce proceedings, alternative dispute resolution could be right for you. We can help you navigate your divorce process with less stress and more control. Call dedicated and compassionate Florida divorce mediation lawyer Sandra Bonfiglio, P.A. to learn more about the services we offer. You can reach us by calling 954-945-7591 or by sending us an online message.
Sources:
flcourts.gov/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida
floridabar.org/the-florida-bar-journal/the-collaborative-law-process-rules-this-is-how-we-do-it/
