Alternative dispute resolution, or ADR as it is commonly called, refers to the method of resolving legal disputes without having to go through litigation. Though California judges might review the validity of chosen ADR methods used in divorce, they will rarely overturn the decisions made in the mediation sessions. If you are about to embark on divorce in California, there are several reasons for why you should consider alternative dispute resolution.
What is divorce to you? Many people in California look at it as the end of a relationship. However, relationships tend to persist — whether we want them to or not. This is even more so when ongoing maintenance agreements are involved, such as alimony, child custody and child support.
In a best-case scenario, divorcing couples in California and elsewhere would be able to sort out their disagreements without the aid of the court. The fortunate ones who do so end their marriages amicably through alternative dispute resolution methods, such as mediation or collaborative law. At the Law Offices of Diane J.N. Morin, we understand that not everyone can succeed with an uncontested divorce. There are some circumstances when your interests might be best represented through litigation.
You might hesitate to file for divorce because you’ve heard too many horror stories about costly court battles that take months and are fraught with conflict. Is there a way for you and your spouse to end your marriage in a peaceful, mutually beneficial manner? You might consider mediation, which has helped countless Californians get a divorce in a less stressful way.
You may wish to avoid the heartache, cost and time of a court battle, so you are looking into amicable divorce methods. You considered mediation, but you and your spouse have too much at stake and a significant amount of conflict, especially when it comes to child custody matters and asset division. However, you are still willing to work things out without the interference of a judge, if possible. Like other Californians considering an uncontested divorce, you might be thinking about collaborative law.
At the Law Offices of Diane J.N. Morin, we understand that when you and your same-sex partner seek a California divorce, our laws may or may not apply to your specific situation. Many state laws do not fully consider the special problems that you and other same-sex couples often face when you divorce.
A divorce mediation in California is worth striving for. While a divorce proceeding could bring out the worst in both parties, a mediation encourages cooperation and mutually agreed upon solutions between spouses. If you see mediation as a worthy alternative dispute resolution, there are important steps you can take to get yourself ready for an upcoming mediation.