Not all divorces have to go to trial. In fact, many do not make it into a courtroom, with both parties able to sort out their difficulties between themselves. According to CBS News, only 5% of divorce cases end up being settled in court.
This does not mean, however, that these are divorces that get settled over the kitchen table. There are still legal representatives and processes present at many of these divorce proceedings. They just do not need all the trappings of a full-fledged trial to resolve. Instead, they often make use of alternatives to the courtroom, such as mediation or arbitration.
Mediation is one of the alternative ways to help resolve a divorce.
The mediation process lets you and your spouse negotiate directly with each other in front of a mediator. The mediator’s job is to let you and your spouse discuss what you want and come up with ideas to make a reasonable resolution. While the mediator does not have the power to make decisions regarding the divorce, and cannot give legal advice, they are well-versed in handling specific issues that tend to surround a divorce. They can often guide the discussion through all the salient points and come to an agreement that is mutually beneficial to everyone.
For many people going through a divorce, the mediation process is a good way to find the sticking points and other disagreements that are holding up a resolution without going through the trouble and expense of the court process and legal fees. Additionally, mediation is an attempt to find things that you and your spouse can agree on regarding your divorce. Because it is not an adversarial battle, like the court or arbitration processes, it is not as emotionally draining.
The other alternative to taking your divorce to court is to go through arbitration.
Arbitration is like a midpoint between mediation and the court process to resolve your divorce. In the arbitration process, you, your spouse, and your attorneys choose an arbitrator to hear your case and make a decision. The arbitration hearing can be scheduled at a mutually convenient time, allowing for more flexibility. At the hearing, your attorneys will make their cases to the arbitrator, who will then issue their decision on the matter, called an “award.” Unlike a court decision the decision of an arbitrator is not appealable, so once it is made there is no challenging it. Arbitration can be used in conjunction with the mediation process, as a way to resolve a particularly contentious point before returning to mediation.
The Bombardo Law Office Can Help
Even though the mediation and arbitration processes are not as strict as the judicial process, it can still be extremely beneficial to have a divorce attorney on your side. This is especially true if that attorney also has experience in alternative dispute resolution processes, like mediation and arbitration. While many attorneys are adept in court, the comparatively relaxed atmosphere of mediations or arbitration hearings often requires a different skill set.
If you need legal representation for a mediation or an arbitration for your divorce near Syracuse, New York, call the Bombardo Law Office at (315)488-5544 or contact us online. We are eager to assist you in your case.