Family Law
Alternatives to Litigation

1) Mediation

If there are contested issues, you should consider mediation before filing an action. A mediation is a meeting with a third party trained in dispute resolution. The mediator will hear both sides of the case and assist the parties by suggesting settlement options or encouraging them to propose settlement options. You will not be forced to settle anything. However, if you can settle any or part of the case at mediation, it will save you a lot of money in the long run. In most cases, the Court will Order that you participate in Mediation anyway. If you mediate the action, you might avoid the possible expense to filing an action.


2) Collaborative Approaches

Collaborative law is a relatively new approach to family law. Both parties have to agree to a collaborative approach. The parties sign agreements with their attorneys that they will make good faith efforts to settle all issues and be open and forthright with each other. The parties must agree that if they cannot settle, then they must find new counsel to represent them at trial. The parties then meet with each other with their attorneys and provide full disclosure of all property and income. Through a series of settlement conferences, the parties work through any and all issues to work out realistic objective outcomes. The attorneys will help foster openness between the parties and encourage them to talk constructively about the pending issues. This avoids the costs of discovering information from the opposing party and the uncertainty of having a judge decide these issues. For more information, see our section on Collaborative Divorce.

Contact DeWitt Law about alternatives to litigation.