What Are Some Alternative Methods of Dispute Resolution in New York?
There are alternative methods of dispute resolution when going through a divorce. If you would like to learn more, continue reading and speak with one of our skilled New York divorce attorneys as soon as possible.
What are the alternative methods of divorce in New York?
Sometimes, couples that are going through a divorce will not want to go through litigation in a courtroom. Fortunately, there are ways around a divorce through litigation, and it is essential to understand that there are other divorce dispute options that can save time and money. With these alternative approaches, couples are more inclined to discuss and manage their marital issues on their own terms in a calmer environment. The most typical marital issues that are discussed in these circumstances include child support, child custody, division of assets, alimony, and more. Below are the most common types of dispute resolution in New York.
- Mediation: In this scenario, spouses will negotiate their marital issues with the help of an unbiased third party. This individual’s purpose is to guide spouses through discussion to make decisions that will work best for them. It is also important to note that there is no set length to this process. Couples can take as long as they need to settle their disputes without having to worry about any looming deadlines. Once the couple has reached an agreement, the mediator will draft a document detailing the decisions they met. Once finished, the couple will sign the document and send it to the court for approval. If approved, the couple will be granted a Judgement of Divorce.
- Collaborative Divorce: Here, this type of divorce is used with the presence of both spouses and the guidance of their attorneys. The two attorneys will assist the couple to work together to make decisions that align with both parties’ best interests. A Participation Agreement must be signed in this type of divorce by all parties involved (attorneys and spouses). When the party signs the agreement, they are held responsible for making the process work, and if not, the attorneys will be unable to represent each spouse.
- Arbitration: This dispute resolution method applies when a neutral third party plays the role of the judge. In this circumstance, the individual can make decisions for the spouses, instead of allowing the spouses to reach those decisions on their own.
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