Alternatives To Litigation
Not all marriages end in a contentious court battle. Many uncontested divorce cases are simply a matter where couples strive for an amicable and efficient split. All the major aspects and issues can be resolved in a collaborative way through mediation or other forms of alternative dispute resolution. This empowers couples to determine their own parenting plans, child support agreements and other matters.
The attorneys at Mattingly Cavagnaro, LLP, often employ family law mediation or divorce mediation to guide our clients here in Buffalo and western New York. Along with providing the couple with more control, this approach is faster, less expensive and less stressful for the family. Judges will also have couples use this process to resolve as many issues as possible before they return to court to resolve those matters still in dispute.
The Collaborative Law Process
The first step is to agree to the constructive and reasoned spirit of this process and to the rules of how it will work. Mediation involves the two sides working together in a committed manner to resolve differences with impartial guidance from a mediator and possible additional support from lawyers on each side. Arbitration, on the other hand, is nonbinding or binding process that is similar to a court setting with a decision by a third party. Once the two parties settled their issues, the decision can have the same legal weight as any valid contract or even a final decision in court.
There are other reasons for this approach to resolving your dispute:
- Privacy: Because this issue is not litigated in court, there is no public record with details of the case. This can be important to public figures or those who guard details of finances and other personal issues.
- Better chance of compliance: Solutions of your choosing are usually easier to uphold.
- Less formal setting: This can put clients at ease and thus more agreeable to solutions.