When a couple gets divorced or separates, they usually deal with issues like child support, property division, and child custody. Unfortunately, only some couples splitting up or getting divorced can agree on their own. As plans for life after living together or getting married are made, the situation often turns sour and leads to fights. In these situations, family lawyers have a variety of ways how to Resolve Family Law Disputes and help ex-spouses settle their differences and come to a deal that makes everyone happy.
Alternative dispute resolution
Alternative dispute resolution (ADR) is a set of ways to settle family law disputes without going to court. Most of the time, the methods are more about working together to solve problems than going to court.
Before going to court, parties must try to solve their problems through alternative dispute resolution (ADR) unless their ex-spouses have a history of abuse. Family lawyers often use mediation, arbitration, negotiation, and collaborative family law to help ex-spouses solve their family law problems.
Mediation
Mediation, also called “conciliation,” is a process in which people who disagree try to work it out with the help of a professional mediator. This lets ex-spouses and their lawyers argue for their interests in a neutral and peaceful setting. During negotiations, mediators can meet with both sides simultaneously or separately.
Arbitration
If mediation doesn’t lead to a solution, family lawyers can use arbitration to find a solution for their clients. In arbitration, the matter is given to one or more arbitrators chosen by the people in disagreement. Arbitrators hear both sides say, look at the evidence, and then decide at the end of the process.
Negotiation
During negotiations, the ex-spouses and their lawyers work together to find solutions to problems. There are many ways to negotiate, including but not limited to email, phone calls, and meetings in person. Family lawyers help their clients decide how to handle the problems during a divorce, and then they tell the other side what their clients want. Disputants don’t have to hire lawyers in this process, but it’s a good idea to protect your interests.
Family law based on cooperation
Collaborative family law is a way to solve problems that is a lot like negotiation. The difference is that each side needs a lawyer to look for its good interests. Ex-spouses and their lawyers work together to solve problems between them.
This method is not based on a set of rules. But for collaboration to work, both sides must be willing to work out their differences and come to a compromise.
Litigation
Litigation is the most common way to settle a dispute. Many people have had it happen to them or have seen stories about it in the news. Litigation means going to court against someone with whom you disagree. Family law lawyers stand up for their clients in court as they try to settle disagreements.
In both litigation and arbitration, a judge or jury listens to evidence and arguments from both sides and then decides at the end. On the other hand, litigation is more adversarial and must follow strict laws and court rules. Everyone must follow what the court says.
Comparatively, litigation is more expensive, takes more time, and is harder on emotions than other ways to settle a dispute.
How to Resolve Family Law Disputes online: Summary
When it comes to family law, things can get heated. Also, fighting for your interests in a dispute can be stressful when you have to negotiate. Let family lawyers help you if you disagree about a family law matter.
