Mediation and collaborative law are two effective forms of alternative dispute resolution. These methods may help reduce the stress and cost of divorce.
Despite the emotional and financial challenges of a divorce, there are some methods of ending a marriage that may make the experience easier to bear for Pennsylvania residents. These options are known as uncontested or amicable divorce. An amicable divorce does not necessarily mean that a divorce is friendly; however, each spouse in an uncontested split may learn valuable lessons in cooperating and communicating to help smoothen their future dealings with each other.
Uncontested divorce, states the Huffington Post, is gaining in popularity in part because these options can be more affordable than traditional litigation. They can also reduce the amount of conflict experienced by each spouse and - perhaps more importantly - by the children.
Mediation
Mediating a conflict is utilized in a variety of legal disputes, points out the American Bar Association. This method is often extremely effective in helping divorcing couples resolve their disputes peacefully, without going to court. Mediating a divorce can be as simple as meeting for a few sessions with a certified mediator or an attorney with mediation experience. The results of mediation largely depend on each spouse's willingness and ability to treat each other civilly and remain open-minded during the process. Some of the advantages of mediation include the following:
- Mediation sessions are private, as opposed to public divorce proceedings.
- The couple can customize the divorce decree in whatever way they see fit, as long as they can agree on the issues at hand.
- Mediation teaches people helpful negotiation tools for the future.
- The process is often far more cost-effective than a litigated divorce.
Couples going through mediation may also involve their own attorneys. In fact, it may be wise to have an attorney read through the proposed decree before signing anything.
Collaborative law
A collaborative divorce is a form of alternative dispute resolution that often addresses more complex matters than mediation would, but still in a peaceful and undisputed way. For example, couples with complicated child custody or property division issues may choose a collaborative method. In a collaborative divorce, each party will have his or her own attorney. They may also involve outside sources, such as child therapists and tax advisors, to help them resolve disagreements. It is important to note that if an agreement isn't reached through collaborative law, each spouse must start over with a new attorney.
Uncontested divorce has many advantages, but is not for everyone. Litigation may be the better option if one spouse is intimidated by the other, at a financial disadvantage or was the victim of abuse. The same is true if neither spouse is able to cooperate with each other or if one spouse does not want the divorce. An experienced family law attorney can advise those going through a divorce on which option may be best for their situation.