Tucson dispute resolution attorney

Alternative Dispute Resolution in Family Law and Divorce

In most court cases, one side will be fighting against the other, in a winner-take-all battle that can foster anger and resentment. These cases often end with one winner and one loser. After a contentious court battle, the two parties may never want to speak to each other again. This may be okay in a personal injury case, a class action lawsuit, or a wrongful death action. However, this is not usually the best situation in a family law or divorce case.

In many family law and divorce cases, both parties often want the same things in the end. This could include making sure children are the number one priority, ensuring loved ones are properly cared for, and property is fairly distributed. However, different sides may disagree on how to accomplish these common goals. After going back and forth, we often lose perspective on what the ultimate goal is, and instead focus on side issues that distract us from the issue at hand. This is where seeking guidance from an outside source can be a great benefit to everyone involved.

Family law and divorce cases involve people who, at one point, had a very close relationship. In the case of a divorce, the couple may forget that they once loved each other. In family law disputes, fights over property or money can tear close relatives apart. In many situations, there may be children involved which necessitates a continuing relationship between the fighting parties for years to come. A peaceful resolution is generally the best outcome in these family and divorce cases.

Going through the court process in a divorce case can be contentious and get ugly very quickly. Even before the word “divorce” ever comes up, couples may have been fighting back and forth over months or years over things like money, children, work, intimacy, lack of communication, infidelity, and things from the past. At the time someone decides to seek a divorce, these fights may continue or even intensify. Before things get out of hand, you may want to contact your experienced divorce lawyers who can help you settle these issues without an all-out fight.

One of the best ways to make sure family disputes are resolved peacefully is to take an alternative approach to dispute resolution. By utilizing the four prongs of mediation, arbitration, and collaborative law, all parties involved can save time, money, and their mental health by seeking an alternative dispute resolution.

Divorce proceedings do not always need to be handled in court. If a couple can agree on enough issues, they may be able to work out an agreeable arrangement outside of the courtroom with negotiation and arbitrationDivorce can be expensive and a hard time for both parties. Alternative Dispute Resolutions such as negotiation, mediation and arbitration are cost-effective alternatives to trial.

Mediating disputes in Arizona has many benefits.

Low stress

Couples can easily have a calmer, more agreeable divorce without the battle and theatrics of the courtroom.

No court appearances

Mediation occurs in an informal, confidential atmosphere.

Cost-effective

Mediation costs are substantially less than litigation, and the parties generally share the cost.

Fast

Litigation can often take months or years. Mediation can be scheduled in a matter of days instead of months.

Empowering

You make the decisions, not a judge, that meet both your interests and especially the best interests of your children.

Successful

Over approximately 85% of all mediated disputes lead to a successful resolution of the conflict.

What is arbitration?

In arbitration, a neutral third party, respected by both parties and knowledgeable in the Family Law area, can be brought in to resolve issues which have not be settle through negotiation of the parties. This is done best when the remaining issues can be decided quickly and in the context of the agreements already reached by the parties. It allows the parties to retain the dignity and control of their own decisions and agreements, while recognizing that, perhaps, the insight of a third person can resolve all of the issues which separate them and, by reaching a decision, end the dispute.

Arbitration is different than mediation because, unlike a mediator, an arbitrator plays no role in trying to get the parties to resolve the case. The arbitrator’s job is to hear the case, not work with the parties to identify issues and come to a mutual agreement. However, like some judges, an arbitrator, before hearing the case, may try to convince both sides to settle based upon what she knows of the case up to that point.

Arbitration is another alternative to going through the courts to solve a dispute. In family law cases and divorce disputes, arbitration is another time and money saving method to settle disputes without having to divulge all the details of the settlement in the public record. The process involves selecting a neutral third party, the arbitrator, to determine the outcome. The arbitrator will listen to the testimony from both sides, consider the evidence, and make a final decision.

Unlike mediation, the arbitrator is the one who makes the final decision. This can be used separately or as a compliment to mediation, where there are certain issues the two sides cannot agree on. It still keeps the case out of the courthouse, making it faster and easier for the two parties to schedule according to their own terms. Arbitration can also limit the issues in dispute, whereas a judge may want to change terms the individuals had already agreed upon.

A combination of negotiation, mediation and arbitration. may be used as alternative dispute resolutions for Divorce and domestic disputes.

What is mediation and is mediation right for me?

Mediation is a device utilizing a neutral third party to assist the parties in reaching their own agreement, assist in developing solutions to the issues which create the conflict, and to assist the parties in the preparation of their agreement as a legally enforceable document.

Mediation is confidential, informal and can be less expensive than litigation or other divorce processes. Because the outcome is long-reaching it is essential the parties reach a mutual decision. The parties can decide to meditate with or without their lawyers present. If you are interested in mediation as an alternative disputer resolution West, Elsberry, Longenbaugh and Zickerman offer mediation services to Tucson and Southern Arizona community.

Mediation is frequently used in divorce settlement cases. Mediation involves the use of a neutral third party known as the “mediator.” The mediator will listen to both parties, and discuss the issues and disputes involved. However, unlike a judge, the mediator will not dictate a final decision. Instead, the mediator will engage both parties, and help to facilitate a decision that both parties can agree to. The goal of a mediation is a win-win conclusion.

There are many benefits to seeking out mediation instead of the courts in a divorce case. A mediation can be much faster, and much less expensive for everyone. A court case can take months, including hearings and motions, all subject to the court's calendar. A well-managed divorce mediation can settle all the major issues in a single session.

Mediation also works well in divorce settlements because the process fosters communication between the parties, which helps everyone agree on terms that work best for them, rather than those decisions unilaterally handed down by the court. This type of communication can also help everyone going forward, especially when the two individuals have children, and will need to communicate with each other for years to come.

What is negotiation?

Negotiation is a process of give-and-take. As the case proceeds, ongoing negotiation takes place between all parties, lawyers, clients and possibly a judge if there are any disagreements about any divorce-related topics. This involves offers, counteroffers and other bargaining. The courts are typically involved in negotiations, which also address topics of alimony and property division. Having a divorce lawyer on your side during any negotiations is a plus. Our Arizona family law attorneys at West, Elsberry, Longenbaugh and Zickerman can help prepare you for mediation and negotiate on your behalf.

Negotiation may occur between the attorneys with minimal input from clients if procedural issues are involved. Substantial input from the clients is needed when major settlement terms are under discussion. Negotiations my take place over the phone, through correspondence or in face-to-face settlement conference with attorney and their clients and with the assistance of a judge.

Negotiation is a tool to be used after all necessary information has been exchanged and both parties are prepared for trial. It can be most unsatisfactory to attempt negotiation on the courthouse steps right before trial or because the client has run out of funds to pay their attorney.

What is collaborative divorce law?

Collaborative family law and collaborative divorce law is one of the more recently developed forms of alternative dispute resolution, which is especially conducive to divorce and family law disputes. Collaborative law can help couples and family members avoid the threat of costly and adversarial litigation while working towards a holistic solution, with long-lasting benefits.

The collaborative process, similarly to the mediation process, does not require someone else forcing their determination on the people seeking a resolution. Instead, it encourages communication and cooperation. This can save everyone time, money, help individuals control the process and outcome, and encourage a better environment for everyone going forward, especially where children are involved.

In a collaborative divorce process, it takes advantage of a problem-solving atmosphere, where the parties work with trained professionals to address emotional and financial issues involved in separation, as well as making sure the children's best interests are kept at heart.

What is negotiation?

Negotiation is a process of give-and-take. As the case proceeds, ongoing negotiation takes place between all parties, lawyers, clients and possibly a judge if there are any disagreements about any divorce-related topics. This involves offers, counteroffers and other bargaining. The courts are typically involved in negotiations, which also address topics of alimony and property division. Having a divorce lawyer on your side during any negotiations is a plus. Our Arizona family law attorneys at West, Elsberry, Longenbaugh and Zickerman can help prepare you for mediation and negotiate on your behalf.

Negotiation may occur between the attorneys with minimal input from clients if procedural issues are involved. Substantial input from the clients is needed when major settlement terms are under discussion. Negotiations my take place over the phone, through correspondence or in face-to-face settlement conference with attorney and their clients and with the assistance of a judge.

Negotiation is a tool to be used after all necessary information has been exchanged and both parties are prepared for trial. It can be most unsatisfactory to attempt negotiation on the courthouse steps right before trial or because the client has run out of funds to pay their attorney.

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