What is Alternative Dispute Resolution in New York Divorces?
Going through a divorce is a challenging experience to many people. The process comes with a lot of emotional experiences, such as anger, anxiety, depression and resentment. As a result, it requires a great deal of planning and thought to ensure you complete the process without too much emotional damage. However, for most people, the thought of facilitating a divorce in court can be frightening, especially if they have no any legal experience. Even if the divorce seems amicable, the thought of paperwork and endless proceedings can be time-consuming and overwhelming.
As a result of the fear that comes with divorce, many opportunities have emerged that enable divorcees to consider other methods of resolving disputes. Alternative dispute resolution enables you to resolve disputes that come up in the divorce process effectively and in a timely manner. This happens through negotiations between the disputing parties. The negotiations are informal and can take place anywhere, including comfortable office spaces or at home. The main purpose of alternative dispute resolution is to ensure both parties come to a mutual agreement on how they want their divorce case handled. They also ensure that you do not go to a court throughout the divorce process.
Forms of Alternative Dispute Resolution
Dispute resolution does not take a universal approach. People take different approaches when using alternative dispute resolution. However, there are two most commonly used forms of alternative dispute resolution. The first involves using divorce mediation. The second one involves using collaborative law.
Using Divorce Mediation
One of the most effective options of alternative dispute resolution is mediation. This is a voluntary process where a mediator brings together both parties together to discuss their points of disagreement and individual needs such as child visitation, maintenance and equitable distribution in resources. Divorce mediation is quite effective and is one of the least expensive forms of dispute resolution. It is also one of the fastest ways to come up with a perfect solution to any issues that arise during the divorce process.
Just like other forms of dispute resolution, the main purpose of divorce mediation to get both parties to come to a unified agreement over their future. In most cases, mediation is especially important for divorcees who want to have a good relationship with each other after the divorce. It is also a perfect alternative for people who want to avoid the court room. Though mediation is voluntary, there are certain scenarios where the court can order both disputing parties to look for a mediator to help them solve their issues.
Using Collaborative Law
There are some people who are not comfortable with mediation. If you do not like mediation, then an alternative dispute resolution that uses collaborative law can be the perfect option for you. Collaborative law does not consider the decision making process we usually see in the court. Instead, it asks for the parties to hire different attorneys who can enable them to create solutions regarding the pending issues. In addition to attorneys, the disputing parties can hire mental health professionals, life coaches, child specialists and financial experts to form a collaborative team.
Like mediation, using collaborative law is a voluntary process for both parties. All those involved in the dispute should be able to make decisions about their future in the case, which is not possible if the issues are handled and decided by the courts. Collaborative law is very flexible and informal and can be adapted based on the individual’s needs of the disputing parties. The most significant advantage of collaborative law is that it provides both parties with equal opportunities to decide the outcome of things like child custody and sharing of family assets.
The estimated costs of using collaborative law can vary with based on the hourly fees and the amount of time each party needs to spend with their lawyers. But since the collaborative process takes place outside the courtroom, it is very flexible and much cheaper than a litigation that takes years to complete. Collaborative approach also allows the disputing parties to bring on board other professionals to help them make decisions that are agreeable between them.
When you are involved in a divorce, you don’t necessarily need to go through the tiresome and time-consuming court process. You can use alternative dispute resolution to help both of you make negotiation agreements on contentious issues such as child custody, equitable distribution agreements and asset separation. The most common and effective alternative dispute resolution options include mediation and collaborative law. Both of these options are effective, as long you have the right mediator and attorney to help you navigate the complex process associated with divorce proceedings. If you prefer mediation, make sure you hire someone who is experienced in mediation and dispute resolution. You should hire an experienced attorney as well.