3 Tips for Determining if Alternative Dispute Resolution Is Right for You

 Posted on April 20, 2020 in Family Law

Divorce is often viewed as a tumultuous process, but this is not always the case. In fact, some couples still value their bond and prefer to end things peacefully. Others recognize that fighting increases the financial and emotional costs for everyone involved. In these situations, parties may opt to pursue alternative dispute resolution over a litigated divorce. However, this path may not be right for every couple, and litigation may be the only way to successfully finalize a divorce.

Mediation or Litigation?

If you are considering using mediation during your divorce, it is important to know that victims of any form of abuse (mental, physical, or financial) are generally encouraged to lean towards litigation instead, as it tends to offer greater protection throughout the divorce process. Litigation is also preferred when there is suspicion of hidden assets. However, contention or disputes between the parties do not mean that a couple cannot pursue alternative dispute resolution; if anything, this particular divorce path may offer some benefits for couples, as long as both parties are at willing to bring their concerns and disagreements to the table in a civil manner. Both parties are encouraged to work together and reach a compromise on sensitive matters, like the division of assets and the creation of a parenting plan. The goal is to make sure that each party walks away with at least some of what they want and a fair portion of what they deserve.

Points to Consider When Determining Whether Mediation Is the Right Solution for Your Divorce

You should ask yourself the following questions when trying to determine which path is best for you:

1. What Matters Most? - Your approach to divorce is largely guided by your priorities. Do you need to ensure you have enough money to maintain a particular lifestyle, or are you content with downscaling your life a bit so that you can move on? Is preserving the co-parenting relationship (or the parent-child relationship) more important than the monetary benefits you might gain in a litigated case?

3. Are You at Risk? - Again, there are cases in which alternative dispute resolution may not be appropriate — especially if your co-parent poses some sort of risk to you or your children. Is the safety of your children a concern, or are your children in an environment that is loving and safe? Do you fear for yourself or your kids when in the company of the other parent?

4. Time and Money - Although it is not true in every case, litigated divorces do tend to carry a higher cost. They also typically take longer to finalize than collaborative and mediated divorces. If resolving your divorce quickly and efficiently is important to you, you may want to consider alternative dispute resolution. It is also important to keep in mind that you can switch to a litigated divorce if things do not go as hoped or planned.

Ready to Take the Next Step? Speak With Our Lombard Divorce Lawyers

Regardless of the divorce path you choose, a knowledgeable, dedicated Bloomingdale divorce attorney will protect your rights and best interests. Our attorneys have over 200 years of combined experience in family law matters and divorce cases. Speak with the dedicated team of professionals at Mevorah & Giglio Law Offices today by calling 630-932-9100 and scheduling a free, personal consultation.