Divorce and family lawyers often get a bad reputation because of a few bad apples looking to squeeze their clients for money. However, there are a lot of divorce attorneys out there who really do care about you, your kids, and even your spouse, and the future of everyone.
A good way to find out if your family attorney cares about you and your life is to ask him or her about alternative dispute resolution (ADR). Many attorneys, though it would behoove them to explain all options to their clients, either completely ignore or gloss over the various methods of resolving a case.
1) Types of ADR.
Mediation. Mediation is a form of ADR whereby the parties (or parties and their attorneys) meet with a neutral third party to attempt to work out the issues in the case. The mediator usually is another attorney, but doesn't necessarily have to be. Mediation is usually a non-threatening environment and can be accomplished in numerous ways. Additionally, the parties or their attorneys can agree on who will mediate the case. If the parties can't settle during a mediation session, they can try again or move on.
Arbitration. Arbitration is when the parties agree that they will attend a session, or multiple sessions, with a third party (often a divorce or family law attorney) who will make a decision on the issues presented. Evidentiary and procedural rules generally do not apply during an arbitration. There are two kinds of arbitration, binding and non-binding. Binding arbitration is when the parties agree beforehand that they will be bound by the arbitrator's decision. Non-binding arbitration is when the parties agree beforehand that they don't necessarily have to comply with the arbitrator's decision.
Settlement talks. Generally speaking, divorce cases can settle all the way up to and through a decision at trial. Therefore it pays to start settlement talks early and often, but this aspect of the family law case is often ignored until the threat of trial nears. Many people involved in a divorce do not realize that they (through their attorney) can begin presenting settlement offers even before a divorce case is filed. This type of informal settlement discussion can be very beneficial.
2) What are the benefits of ADR?
Less stressful. Alternative dispute resolution, where the parties can control the outcome of their divorce or family law case, is a less stressful environment. Trials in court can be intimidating, and often this intimidation factor can sway the outcome of the issues.
Less money. Litigation can be a very expensive process, especially if the case goes to trial. ADR offers a less expensive alternative, especially if the parties are really committed to it. Many people would much rather save their money for themselves or their children, rather than give it to their attorneys.
More options. Usually, the parties in a divorce can agree on things and put them into a settlement agreement that the court may not have the authority to order. For example, in some states, the court cannot order the parents to pay for the college education of their children; however, the parties can agree to provide for college education in a settlement agreement, and the parents will have to abide by that agreement.
The court does not make decisions for you. The bottom line is that parties do not want a Judge who has never met them or their children, and certainly did not live through the marriage, making decisions that will affect the rest of their lives. Through ADR, the parties are in control.
Relationship between the parties. Believe it or not, even though the parties' marriage didn't work out, they can still have a meaningful relationship. This is especially important if there are children involved. Resolving the issues through ADR rather than through trial is an important first step in that regard.
Most divorce and family law cases end up settling. But they often settle on the eve of trial or even at trial. Through advance planning, agreement between the parties, and a common goal of resolving the issues without hotly contested litigation, this trend can be avoided.
A good way to find out if your family attorney cares about you and your life is to ask him or her about alternative dispute resolution (ADR). Many attorneys, though it would behoove them to explain all options to their clients, either completely ignore or gloss over the various methods of resolving a case.
1) Types of ADR.
Mediation. Mediation is a form of ADR whereby the parties (or parties and their attorneys) meet with a neutral third party to attempt to work out the issues in the case. The mediator usually is another attorney, but doesn't necessarily have to be. Mediation is usually a non-threatening environment and can be accomplished in numerous ways. Additionally, the parties or their attorneys can agree on who will mediate the case. If the parties can't settle during a mediation session, they can try again or move on.
Arbitration. Arbitration is when the parties agree that they will attend a session, or multiple sessions, with a third party (often a divorce or family law attorney) who will make a decision on the issues presented. Evidentiary and procedural rules generally do not apply during an arbitration. There are two kinds of arbitration, binding and non-binding. Binding arbitration is when the parties agree beforehand that they will be bound by the arbitrator's decision. Non-binding arbitration is when the parties agree beforehand that they don't necessarily have to comply with the arbitrator's decision.
Settlement talks. Generally speaking, divorce cases can settle all the way up to and through a decision at trial. Therefore it pays to start settlement talks early and often, but this aspect of the family law case is often ignored until the threat of trial nears. Many people involved in a divorce do not realize that they (through their attorney) can begin presenting settlement offers even before a divorce case is filed. This type of informal settlement discussion can be very beneficial.
2) What are the benefits of ADR?
Less stressful. Alternative dispute resolution, where the parties can control the outcome of their divorce or family law case, is a less stressful environment. Trials in court can be intimidating, and often this intimidation factor can sway the outcome of the issues.
Less money. Litigation can be a very expensive process, especially if the case goes to trial. ADR offers a less expensive alternative, especially if the parties are really committed to it. Many people would much rather save their money for themselves or their children, rather than give it to their attorneys.
More options. Usually, the parties in a divorce can agree on things and put them into a settlement agreement that the court may not have the authority to order. For example, in some states, the court cannot order the parents to pay for the college education of their children; however, the parties can agree to provide for college education in a settlement agreement, and the parents will have to abide by that agreement.
The court does not make decisions for you. The bottom line is that parties do not want a Judge who has never met them or their children, and certainly did not live through the marriage, making decisions that will affect the rest of their lives. Through ADR, the parties are in control.
Relationship between the parties. Believe it or not, even though the parties' marriage didn't work out, they can still have a meaningful relationship. This is especially important if there are children involved. Resolving the issues through ADR rather than through trial is an important first step in that regard.
Most divorce and family law cases end up settling. But they often settle on the eve of trial or even at trial. Through advance planning, agreement between the parties, and a common goal of resolving the issues without hotly contested litigation, this trend can be avoided.
About the Author:
Divorce laws vary immensely from state to state. If you are obtaining a divorce in Maryland or Virginia, seek the help of a Maryland family lawyer or Virginia family lawyer.
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