Are you dreading the idea of a drawn-out courtroom showdown to split your assets? What if you could bypass this expensive legal battleground and negotiate a fair property division on your terms? Dividing property in Texas doesn’t always mean you must automatically step into a courtroom. Alternative Dispute Resolution (ADR) offers practical paths for negotiating settlements while, at the same time, sidestepping the cost and expense of traditional litigation.
Consider these alternative dispute resolution methods if you’re wondering whether you can secure a fair division of assets without going to court.
4 Alternative Dispute Resolution Options To Consider
Mediation
This is when a neutral person (mediator) helps parties, in collaboration with their attorneys, find a solution to their dispute. This process can include more than just negotiating property division. It includes child custody, alimony, child support, and more. A mediator does not have to be a lawyer, but many lawyers double as mediators. Either way, the mediator is not there to represent one party over the other and has no authority to force either party to settle.
Collaborative Divorce
With this process, couples peacefully negotiate all the terms of their divorce (debt division, custody, spousal support, property division, etc.) in a neutral setting with their attorneys present. Each spouse must hire an attorney skilled in collaborative divorce who also wishes for a win-win scenario for all parties.
Informal Settlement Conference
While collaborative law and mediation are two of the more popular ADRs, informal settlement conferences still provide value—including for those who wish to negotiate property division. With this process, the goal is still to negotiate a settlement, but it can be conducted by the parties without help from their attorneys if they choose to do so.
Arbitration
This alternative dispute resolution is where both parties agree to have their case heard by an arbitrator outside of court. The arbitrator’s job is to listen to evidence and facts, and any decision is binding. This ADR can feel like going to court, but it is a significantly less expensive process than litigation.
Take Charge of the Process
With Alternative Dispute Resolution, you and your soon-to-be ex can work together to decide how things should be divided rather than leaving it to a judge. This less rigid approach gives you more input in shaping the outcome.
With a well-planned strategy and experienced guidance from a trusted family law attorney, dividing property becomes a cooperative venture—one that resolves differences and paves the way for new beginnings.
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