You and your spouse have agreed that your marriage is no longer viable. However, you both agree that you wish to avoid the hassle and expense of drawn-out litigation. A friend told you about divorce mediation, how quick and easy it was, and how much less it cost than traditional litigation.
You and your spouse agree that this might be the answer for you. However, not long into the process, negotiations begin to break down over child support and asset division. It’s becoming clear that mediation is not the answer.
So, what happens when divorce mediation doesn’t work? What are the alternatives?
Alternatives to Divorce Mediation
As much as our team of attorneys believes in the benefits of divorce mediation, it isn’t the best option for all couples. Often, divorce mediation can’t stop a competitive, “winner-take-all” nature, and it may seem that an agreement will never be reached. If that happens, you should be aware of a few alternatives to divorce mediation.
Renewed Mediation
Renewed mediation involves ending the current session and starting fresh with a new mediator who is well-acquainted with your past failed attempts. This still may not be the answer you’re looking for. However, it is worth investigating if you and your spouse agree that traditional litigation is the last resort.
Arbitration
Arbitration is similar to mediation, but each side has an attorney. The attorneys try to reach an agreement, but if they can’t, the case goes to an arbitrator. Arbitrators listen to arguments and make a decision. Unlike mediation, the arbitrator can decide the outcome, which can be binding or non-binding. A binding decision is final, enforceable by a court, and can be appealed on limited grounds.
Collaborative Divorce
In collaborative divorces, spouses have their own attorneys and work together to reach a divorce agreement. Each spouse also signs a contract stating they won’t go to court or arbitration. This option can be less expensive and stressful than traditional litigation or arbitration.
Traditional Litigation – When Mediation Doesn’t Work
If all else fails and you and your spouse can’t agree on the divorce terms, you must go to court and let a judge decide for you. This is often the last resort for many couples who would prefer to have complete control over the divorce process. But if cooler heads cannot prevail, this is your best option.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Are you looking for family law services in Collin County, Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your circumstances.
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