Why is Alternative Dispute Resolution in Divorce important?
Alternative Dispute Resolution Services basically sitting down-and-talk sessions with all the concerned parties in a divorce, especially couples in marriage or partners in a de facto relationship.
Separation and divorce are life-altering events. If handled insensibly, it can scar the further life in terms of finances, emotions and the still more disturbing situation are if children are impacted by this event in the family.This is where it is becoming ever more important to resolve the issues between the adults in the family sensibly, and peacefully so that the family’s normal living is not much affected.
It saves your children from distress that their parents are separating with bitterness and that is going to affect them severely.
Alternative dispute resolution helps the divorcing couple move on with their lives with better planning and peace of mind. Some of the means of alternative dispute resolution are given below:
In mediation, the facilitator is called mediator. The mediator stays neutral throughout the session and helps in deciding the priority issues of the couple. Once the issues are decided, the partners work out the settlement themselves. Since the arrangements are done voluntarily by the couple themselves, it is more likely that they will stick to it. Such smooth arrangements ensure the cordial relationship between the partners.
The mediator interferes only when he/she feels the discussion is going nowhere and the couple is not negotiating sensibly.
Collaborative law is a focussed approach to resolve family disputes with professional insights and help. Unlike mediation, the collaborative resolution is more structured and solution centred.
The professionals like couple counsellors, child psychologists, property valuation experts, legal advisors form a team to advise and work out a practical solution for divorce settlements and child care arrangements.
The alternative dispute resolution is not an order from the court though. You need to get Consent Orders from the court to carry out the arrangements you have made with your partner either through mediation or collaborative way. Consent Orders from the court ensures the arrangement is fair and legally binding on both the parties.
Once a plan is in place, the transition can be easy to both the individuals.
Arbitration is little more judgemental compared to the other two above mentioned modes of alternative dispute resolution. In arbitration, the partners’ side of the case is presented to the experts and these experts decide the arrangements be made between the partners.