Litigation v. Alternative Dispute Resolution
Posted on Jan 15, 2010 9:00am PST
In reference to divorce, litigation refers to settling a divorce case in
court. Resolving a divorce through litigation is much more contested than
trying to settle a divorce through alternative dispute resolution (ADR).
During litigation, the parties in a divorce are essentially pitted against
each other, battling over issues such as
equitable distribution of property, etc. Naturally, this type of environment is not conducive
to the amicable resolution of the divorce.
Not only is litigation more emotionally draining, but because the parties
have difficulty settling the terms of their divorce it prolongs the divorce
process, ultimately costing them both time and money in the long run.
Alternative dispute resolution is by far a more favorable option than litigation.
ADR encourages the parties to work together to settle their divorce. Although
your attorney might be present, his/her purpose is to help you and your
spouse reach mutual decisions and foster open communication so making
those decisions is possible. Furthermore, ADR has helped many people build
a working relationship with their estranged spouse, which is especially
beneficial if children are involved.
Another benefit of ADR is that you can devote more attention to detail.
Sometimes there simply isn't enough time during litigation for the
judge to address every detail of every issue. Consequently, a judge may
issue an order or decision that might not be fair or in your best interest.
Through ADR, you can spend as much time as you need to settle the issue at hand. Although zero conflict is rare, ADR makes the divorce process much less
contentious, stressful, and emotionally draining. It also keeps legal
costs at bay.
If you are interested in learning more about alternative dispute resolution,
contact Jacksonville divorce lawyer Jason Hutchinson today!