The common image of the average divorce case involves a contentious proceeding in which each party is unable or unwilling to compromise in order to reach an agreement. While such highly-disputed divorce cases do happen, this approach should not be the default standard for handling this situation. If children are involved, coordination and cooperation are especially important in moving through the divorce process. Even though the marriage is over, the parents are attached to one another for life through their offspring. Contested divorces take longer and can cost considerably more depending on how complicated the challenges between the parties are.

As an alternative method to traditional divorce, mediation does not require that one party automatically concede everything and not fight for his or her interests. What alternative methods such as litigation do offer is the opportunity to amicably dissolve the marriage, leading to less stress and the increased likelihood of a friendly relationship between exes post-divorce. Mediation and collaborative divorce are two of the more popular alternatives to standard divorce. The format and advantages of these options will be explored below.

Mediation

Mediation is a less adversarial method of resolving disputes that involves a neutral third party helping the parties form an agreement. A substantial number of county courts require the parties to participate in mediation in contested divorce cases to see if the spouses can settle their issues independent of court involvement. Mediators are not judges and do not make any decisions for the parties. Instead, they assist the parties with arriving at points of compromise so an agreement can be reached. The parties are not bound by the terms of any agreement until both sign. Only unresolved issues would go to a judge following mediation, which means it is not necessary that all points of contention be settled in this process. Mediation offers a faster and cheaper alternative to using the courts, which is important to parties looking to limit costs and time. Mediation sessions are confidential, unlike court cases, which are matters of public record. Parties are permitted to bring attorneys to all mediation sessions, and their participation protects against a party agreeing to an unfair or unwise term. Most importantly, though, mediation allows parties to craft solutions to their problems that best serve the needs of their specific family, which a judge will never have sufficient knowledge to do.

Collaborative Divorce

Another alternative method of resolution that is becoming more popular is collaborative divorce. This is a non-adversarial process where the parties promise not to engage the court system, and instead work out their issues with specially trained attorneys, financial experts and mental health professionals. This approach is aimed at preserving the relationship of the couple, which is particularly important for spouses that wish to co-parent after divorce. Through collaboration among the parties and other professionals, the goal is to work on effective communication so that both parties can freely share their concerns and desires until a mutually-agreed upon settlement is achieved. One important aspect of this process is the role of the attorney. Attorneys that participate in these sessions are only engaged for the collaborative process. Thus, if a party decides to withdraw from the process, which either is free to do, and initiate a court case, new counsel must be retained. Like mediation, this approach is less expensive and allows the parties to retain privacy over the details of their lives.

Speak with a Family Law Attorney

Alternative approaches to divorce give couples much more flexibility in resolving disputes, but may not be appropriate in all cases. An experienced family law attorney will know, based on the facts of your case, if you are a good candidate for such an approach so that the best possible outcome is reached. Attorney Christopher L. Arrington helps clients in the Indianapolis area navigate traditional and alternative methods of divorce, and is available to help you. Contact him to schedule an appointment.