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Divorcing through alternative dispute resolution

On Behalf of | Sep 22, 2022 | Divorce

Divorces are often depicted as messy and filled with disputes. While a marriage does not end because spouses are happy and get along, this does not mean that all divorces are difficult and combative. The divorce process can be handled amicably, which can help parties reach resolution in a more timely and cost-effective manner. By working together, divorcing spouses can achieve a divorce agreement that satisfies both of them.

Alternative dispute resolution

While many divorces are still litigated, the lawyers at Goldschmidt & Genovese, LLP, have guided divorcing couples through alternative dispute resolution options. Our law firm understands that divorce is already a challenging time, and the collaborative law and mediation options assist spouses by providing a cost-effective and efficient process to dissolve their marriage.

Collaborative law divorce

In the collaborative law process, each spouse will still have independent representation. While this might resemble the litigation process, the driving forces in a collaborative divorce are the spouses. Because the goal is to reach fair and timely decisions, each attorney will serve as facilitators while also ensuring that their clients remain focused on their interests in the matter.

Although this looks like the negotiation phase in a litigated divorce, a collaborative divorce is less focused on legal positioning and more focused on cooperating to reach an amicable resolution.

Divorce through mediation

Unlike a collaborative divorce, a mediated divorce typically involved a single facilitator between the two spouses. This facilitator mediates the process and does not act as an attorney for either party. Each party may have legal counsel during the process. If legal counsel is not present during the mediation, each party will often take any mediated agreement to independent counsel for review before signing.

Even if a divorce appears to be contentious, spouses might be able to cooperate to reach a resolution. Our law firm has the experience and knowledge that can help guide you through the process, helping you make the best decision for yourself during your divorce.