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What Are Three Alternatives to Going to Court?

When it comes time to resolve a family law dispute, sometimes going to court to have a judge reach an agreement for you is the best option. Other times, especially when you want more control over the outcome, this solution does not make sense. Today, we discuss three options instead of going to court for the individual interested in alternatives.

Arbitration: One Alternative Over Going to Court

Arbitration is sought out as an alternative to going to court as it can resolve a dispute more quickly than litigation. During the process, an arbitrator or panel of arbitrators discuss various options and come to a decision regarding the issues at hand. The process is not as formal as going to court, although both sides can call on witnesses and present evidence to build their case.

A decision made in arbitration does not become public record. Additionally, the “losing side” can appeal the outcome in court if they wish.

Collaborative Law: The Second Court Alternative

Many couples find the traditional path to getting divorced to be too contentious. Instead, they opt for a collaborative divorce which allows each spouse to have their own attorney to resolve their issues outside of the courtroom. The couple will use mediation and negotiations to come to an agreement. A collaborative divorce takes place in an informal setting, which fosters a less hostile environment and encourages an open, free, and honest space for conversations and negotiations. 

Mediation: The Third Alternative to Going to Court

Mediation is probably the most popular form of alternative dispute resolution methods. It is less formal than arbitration and involves a third party or mediator. The mediator helps two sides facilitate a conversation and guides them to a resolution. During mediation sessions, a mediator might propose possible solutions, but the two parties do not need to accept these suggestions. Mediation is successful when both sides are open to the sessions and willing to work together to come to a resolution.

Sometimes the court will require mediation before a case proceeds to trial.

Why Should You Resolve a Family Law Issue Outside of the Courtroom?

Here are the benefits to resolve your family law matter outside the courtroom:

  • Saves time
  • Less expensive
  • You have more control over the case and its outcome
  • Encourages communication and collaboration between parties
  • Keeps your case private

Contact our firm online to learn more about how we can help you resolve your case outside of court.