Alternative Dispute Resolution Methods

“Alternative” refers to alternatives to litigation (the court process). If you need to resolve a conflict, but don’t want to go through the court process (I advise avoiding court if possible!) then you have alternatives to consider. I strongly recommend alternative dispute resolution methods to my clients for divorce and other family law conflicts. This is not an all-inclusive list, but you can consider the following: 1) sit down and reach an agreement on your own; 2) mediation; 3) collaborative law; and 4) arbitration.

Reaching an agreement on your own can save a lot of time and money, but it is not realistic for most divorcing couples because they are unable to effectively communicate. It can also be legally hazardous. It’s great if divorcing spouses can communicate effectively and address dividing their assets and debts, providing financial support and making parenting arrangements (custody) privately. Even if no attorneys or other third persons are involved in the negotiations, both spouses should get independent legal advice before signing any agreement. I have worked with divorce clients who entered into an agreement prepared on their own or downloaded from the internet (Bad Idea!) that ended up not saying what they wanted it to say or thought it said. It is more costly and time-consuming to challenge an agreement afterwards than it is to do it right the first time.

Mediation is a great way to have a neutral third person (the mediator) help spouses have the difficult conversations necessary to resolve their divorce and related financial and parenting issues. There are high quality mediators available in central Pennsylvania, including Carlisle, Harrisburg, Hershey and surrounding areas. I conduct private divorce and other family law mediations and also recommend mediation as an alternative for my divorce clients. Both spouses should be represented by attorneys in the mediation process to get private legal advice.

Collaborative law is an organized, effective process designed to help spouses resolve their divorce and related financial and parenting conflicts in a private, respectful manner. Clients and their collaboratively trained attorneys meet with an agreed-upon agenda to systematically make decisions based on their interests and concerns. I am collaboratively trained and encourage my clients to use the collaborative process if both spouses are interested in a mutually acceptable divorce resolution. Central Pennsylvania, including Carlisle, Harrisburg, Hershey and surrounding areas, has a thriving community of collaboratively trained attorneys.

Arbitration is a private litigation process, where the spouses choose the decision-maker and present their respective sides of the divorce conflict to him or her through their lawyers. Arbitration is often used in conjunction with mediation, where spouses agree to mediate their divorce and related financial and parenting issues and give the mediator the authority to make decisions as an arbitrator if they are unable to come to an agreement.

If you live or work in central Pennsylvania, including Carlisle, Harrisburg, Hershey and surrounding areas, and would like to discuss alternative dispute resolution methods for divorce or any other family law issue, please contact me.

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