If you are approaching a divorce in Indiana, you might have heard about “alternative dispute resolution” (ADR). This process involves private negotiations outside of court, and it can be cheaper, faster, and less stressful than a divorce trial. However, there are many different types of ADR to choose from. Consider speaking with an Indiana divorce lawyer to assess these options in more detail. 

Mediation is a Popular Approach

Mediation is one of the most established and popular options for ADR in Indiana. It involves both spouses negotiating in private alongside a “mediator.” This mediator is supposed to be completely neutral and unbiased, and their job is to guide spouses toward their mutual best interests. The keyword here is “guide.” A mediator has no legal authority to force spouses to do anything. Courts often order spouses to engage in mediation, particularly if they have children. 

Arbitration Always Ends With a Clear Outcome

Arbitration also involves private negotiations, but these discussions are led by an “arbitrator.” This individual plays a similar role to a judge, and they have the right to force spouses to resolve their divorces in certain ways. Although this makes arbitrators distinct from mediators, both individuals are supposed to maintain the same level of neutrality and fairness. 

Collaborative Law Puts a Lawyer on Your Side

In collaborative law (also known as collaborative divorce), both spouses can turn to their own legal representation throughout the negotiation process. Instead of relying on a single arbitrator or mediator, spouses bring their own legal counsel to the negotiation table. Although you might assume that both sets of lawyers will oppose each other throughout this process, this is only partially true. Collaborative lawyers aim to guide both spouses toward mutually beneficial outcomes through compromise and concessions. 

Which Option is Right for Me?

One of the main downsides of collaborative law and mediation is the fact that its success is not guaranteed. If you choose either of these ADR options, there is always the chance that negotiations will break down. At this point, you may have to proceed to a divorce trial. This can be particularly frustrating, as spouses who fail to negotiate in this way may feel that the ADR process has been a waste of time and money. They may ask: “Why didn’t we just go straight to a trial?” 

On the other hand, arbitration always leads to a clear outcome. Once you choose arbitration, there is no chance of a costly and time-consuming divorce trial. While this could be a positive for some spouses, others feel daunted by arbitration’s lack of control and flexibility. There is actually a fourth option to consider called “med-arb.” As the name implies, this is a combination of both mediation and arbitration. Spouses try mediation first, and if that fails, they proceed with arbitration. 

Can a Collaborative Divorce Lawyer in Indiana Help Me?

While online research is an obvious first step, you might want to discuss ADR options in more detail with a collaborative divorce lawyer in Indiana. These legal professionals can explain mediation, arbitration, and collaborative law during consultations. Expand on this conversation by contacting Christopher L. Arrington, Attorney at Law, today.