Save Money on Your Divorce through Alternative Dispute Resolution
It’s no secret that litigation costs a lot of money. The sheer volume of hours your attorney spends preparing for court appearances and arguing in court can add up to a significant expense, often in the tens of thousands of dollars, in addition to the hefty court fees. If a couple is reasonably able to cooperate with each other, every effort should be made to avoid having to go before a judge to settle your divorce. Consider Alternative Dispute Resolution (ADR), which includes mediation and collaborative law. There are differences between these two options, but both avoid the stress, emotional strain, and significant expense of litigation. At The Law Office and Mediation Service of Elissa C. Goldberg, LLC we provide both mediation and collaborative law options and can help you determine which is best for your situation.
Mediation
In mediation, the couple sits with a mediator, who is an expert in conflict resolution and family law. Mediators are usually also attorneys, as is the case with us. The mediator does not “take sides.” It is her job to guide the couple through the process by facilitating discussion and providing legal information – not advice – to help the couple negotiate in a way that is legal and fair for both parties.
In mediation, the individuals must gather all of their necessary information together and bring it to the table to avoid additional visits that will increase the cost. It is also important for the individuals to know what they would like to have coming out of the negotiations. There are usually a few non-negotiables, but each spouse should be ready to compromise. This is where the mediator’s expertise in both conflict resolution and discussion facilitation proves so valuable.
Collaborative Law
In mediation, each spouse may choose to engage a lawyer to provide advice or to review the agreement before signing, but the lawyers are not part of the negotiation process. In collaborative law, they are.
In collaborative law, each spouse retains an attorney who is committed to avoiding litigation. Each spouse works with his or her lawyer to decide on issues such as child custody and support, property division, settling of debts, and more. In our practice, we represent one party, helping our client work through the negotiation process with the other party. When necessary, we may consult with experts in mental health or finances, to help our client make the best decisions for his or her unique situation. While we are mindful of the fact that the expert help may increase the price, we have found that it often improves the final settlement in favor of our client’s particular needs.
Which is right for you?
If you and your spouse can discuss things respectfully and both of you want to cooperate to save money and find an amicable solution, mediation is probably a great option for you, especially if children are involved. If your assets are significant or your situation complex, you may benefit instead from the collaborative process, since you will each retain a lawyer who can advise you through a more complicated divorce.
If you’re a victim of physical or emotional abuse or if you’re married to a narcissist, mediation is not a good option. You need a lawyer to protect you from further manipulation or abuse. If one of you is uncooperative or uncommunicative without being abusive, mediation may still be worth considering, because the communication skills that can be learned during the mediation process could benefit future communication, especially if children are involved. Saving money is often a big incentive for being cooperative.
When a divorce goes to court, the spouses lose control over their case and must abide by whatever the judge decides. No one wants that. There are times when litigation is the best option, but avoid it if you can. Talk to us about your situation so we can advise you as to whether or not alternative dispute resolution is best for you.