Collaborative divorce is a distinct process from a litigated divorce. Spouses sign a binding agreement committing to settle all of their disputes outside of court. In many cases, those preparing for a collaborative divorce choose to attend alternative dispute resolution sessions as part of that process.
Arbitration and mediation are common alternative dispute resolution options. They are ways for divorcing spouses to work through disagreements and pursue an uncontested divorce filing.
Settling requires compromise
Unless spouses have an ironclad prenuptial agreement, they must work through their disagreements regarding their shared property and children, as well as matters related to financial support to qualify for an uncontested filing. Directly negotiating with one another or allowing lawyers to negotiate those disputes may only worsen the conflict between spouses. They may each become more entrenched in their own positions.
Alternative dispute resolution can help resolve ongoing disputes and break up negotiation logjams. Spouses present their perspective to an arbitrator during an arbitration session to hear their perspective on the matter in a trial-like environment.
They can also sit down with a third-party mediator who can facilitate conversations and help them reach a compromise on matters that seem impossible to solve. Alternative dispute resolution is one of the tools that can help spouses settle their disagreements and move forward with an uncontested divorce during collaborative divorce proceedings.
Working with an attorney familiar with collaborative law and the challenges of settling disputes can help couples fulfill their commitment to the collaborative process and one another. Mediation and arbitration are potentially powerful tools for those who want to settle their divorce disagreements outside of court.
