Ending a marriage is always difficult, but it can be especially contentious when the two parties do not agree on how to split up their assets. Alternative dispute resolution (ADR) methods, such as mediation and collaborative divorce, can help to limit the tension in negotiations and keep your divorce out of the courtroom, helping you keep your divorce issues and agreements private.
What is Alternative Dispute Resolution?
Alternative dispute resolution is a process where two parties in a conflict attempt to resolve their differences with the help of additional, neutral parties. This can be an effective way to settle disagreements because it allows both parties to have a say in the outcome of the dispute rather than going to litigation.
There are many different types of Alternative Dispute Resolution, but the most common methods include:
- Mediation is a process where both parties meet with a mediator to discuss their disputes and try to agree. This agreement is then put in writing and signed by both parties. If the two parties cannot agree on a resolution, they can try another method, such as arbitration.
- Arbitration is similar to mediation, but it is more formal and binding. In arbitration, both parties present their case to an arbitrator, who will then decide on the dispute. This decision is binding, meaning both parties must agree to it and follow it, even if they do not agree with the solution.
- Collaborative Law is a process where both parties and their lawyers meet to try to agree on the disputed issues. If they cannot agree, then the case will go to trial.
At Berkman Bottger Newman & Schein, we offer mediation and collaborative divorce services for those who seek to utilize ADR methods in their divorce.
Why Alternative Dispute Resolution Can Be Positive for Divorcing Couples
Alternative dispute resolution can be positive for divorcing couples because it can help them resolve their disputes without going to court. This can save time, money, and stress and keep their divorce issues and agreements private. Alternative dispute resolution can also help to limit the tension in negotiations, which can make the divorce process more peaceful.
In Life, There Are Options. In Divorce, There Should Be Options Too.
At Berkman Bottger Newman & Schein, our divorce attorneys thoroughly believe that you should not be locked into a simple process for your divorce. We believe in understanding our clients' needs before strategy building, so we have your needs and best interests at heart.
Are you considering mediation for your divorce? Schedule a consultation with a member of our team by calling us at (212) 466-6015.