Mediation and Arbitration: Your Possible Alternatives to a Messy Divorce

The divorce process can often be excruciating, but it doesn’t mean that it always has to end with resentment brewed by lengthy court trials. Couples that find themselves in disagreement regarding decisions involving child care, financial support, and property division can turn to divorce alternatives that can mitigate the stress caused by protracted divorce process.

Marshall & Taylor, P.C. enumerates two particular alternatives that can prove to be a huge help for divorcing couples looking to avoid unnecessary drama. These alternatives are called mediation and arbitration, and both have vast advantages to traditional court proceedings. The first option, mediation, allows divorcing couples to negotiate and resolve their disagreements outside the jurisdiction of the court. Instead, the entire process will be facilitated by a mediator. Unlike a judge, the mediator won’t be responsible for making any decisions for the couple involved in the process. What the mediator will focus on in encouraging open communication, fostering an environment that is conducive to productive dialogue.

Should a couple still find themselves unable to agree after attempts at mediation, they can move on to try arbitration. As the next step to mediation, arbitration allows divorcing couples to come to an agreement regarding high-stakes issues by allowing a third party to decide on their behalf. The appointed arbitrator will act just as a judge would when deciding on a contentious divorce. Unlike traditional divorces that are resolved through litigation, arbitration allows for a more relaxed environment that allows couples to continue their dialogue at their own pace. In arbitration, divorcing spouses are given the freedom to define their own divorce process. They are also able to set their own deadline when it comes time for the arbitrator to make a decision.

All in all, both these alternatives can prove helpful for couples looking to avoid the stress and emotional turbulence that could come with traditional divorces. Both meditation and arbitration allows couples to sort out their differences in a less hostile environment, giving them the chance to have a more open and amicable decision even after their divorce is finalized.

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