Alternative Dispute Resolution
As divorces are highly emotional events in which tensions are often running high, the divorcing spouses’ relationship can quickly become antagonistic. Reduce unnecessary contention by turning to the attorneys at the Patrick D. West Law Firm, who may be able to facilitate a more expedient resolution to your matter through the use of alternative dispute resolution. In this process, we will seek to reach an amicable resolution to your family law matter if at all possible, using our vast wealth of knowledge in this area. The outcome of your divorce matter may very well affect you for the rest of your life. We understand this in working towards an alternative dispute resolution for you.
Different Aspects of ADR
In working towards an amicable resolution, we have multiple strategies to employ, including collaborative law, arbitration, mediation and more. These strategies offer the opportunity for you and your spouse to resolve your differences all in one sitting, provided you are adequately prepared, and you are assisted by an effective alternative dispute resolution expert.
A mediation is presided over by a mediator, who is a neutral third party who has professional experience and knowledge regarding the resolution of family law disputes. A good mediator will be able to help the parties better see each others’ perspectives, as well as the strengths and weaknesses of their respective arguments. The mediation process is confidential, meaning that the parties cannot use anything said there against each other in court. Mediation settlement agreements are often confidential as well. However, even though the settlement agreements are confidential, the court will likely still have jurisdiction to enforce these agreements and ensure that the parties comply with their respective obligations pursuant to these agreements. If the parties cannot reach an agreement at mediation, the mediator will then declare an impasse and the parties can then proceed with the litigation.
The collaborative divorce process works in a similar manner in that the discussions therein are held confidential. A collaborative law attorney is assigned to each spouse. The spouses and their attorneys will also confer with professionals in other fields, such as finance, mental health, accounting, health and more, as appropriate to the needs of the parties and their children. If at any point a spouse determines that the collaborative divorce process will not yield a solution, the spouses then would need to retain litigation counsel. The collaborative divorce process, on the other hand, calls on the parties to commit to resolve their disputes through negotiation and outside of court. As part of that commitment, the couple will often sign an agreement providing that they will not threaten court action, and affirming their agreement to resolve the matter within the collaborative law process.
The collaborative law process is especially beneficial for those couples who have children, because this strategy focuses on preserving any goodwill between the divorcing spouses, and emphasizing their joint commitment to the well-being of their children. This alternative dispute process will also help shield the children’s privacy and save them from the emotional turmoil which often results from a public court litigation.
Arbitration is very similar to mediation, with the main distinction being that the arbitrator’s decision is usually final and cannot be appealed. Arbitration does still carry advantages of being more cost-effective than litigation, and also offers confidentiality.
Our Family Law Attorneys In Fort Worth Stand Ready To Help You Explore The Alternative Dispute Resolution Process
If you would like to discuss alternative dispute resolution with the attorneys at Patrick D. West Law Firm, we can help. We can discuss the many strategies included in this areas, such as those mentioned above. If you and your spouse wish to resolve your divorce matter without protracted litigation and the associated damage to your family’s well-being, alternative dispute resolution may be right for you. Call us at (817) 332-2600 or contact us via our online form to set up an appointment if you need assistance with alternative dispute resolution assistance with another type of divorce matter.