Parties to a family law dispute have several options other than litigation for resolving their disagreement. Alternatives like mediation, arbitration, and collaborative practice allow parties to maintain more input and control over the outcome of a legal dispute than litigation and to settle their case privately while avoiding some of the stress and expense of going to court. Each is distinct, offering its own set of potential advantages.
How Collaborative Practice Works
When parties in family law disputes choose to proceed through the collaborative framework, they agree not to go to court to resolve their disagreements but instead to work together to settle their issues. Parties who pursue this route work with family law attorneys trained in collaborative practice, but still each representing one party, and jointly hire neutral experts to address the technical issues involved in the dispute, such as financial experts for property division or support claims in a divorce proceeding or family counselors to help with custody disputes. All the attorneys and experts in a collaborative practice sign a participation agreement to commit to helping reach a mutually agreeable resolution without litigation. Should one party wish to withdraw from the collaborative process and pursue litigation, all the attorneys and experts in the collaborative team must agree to terminate their services and require the parties to seek new legal counsel and expert support.
The collaborative process involves a series of meetings where the parties can raise their concerns and review records. The attorneys and experts on the collaborative team work with the parties to help them reach agreements based on their family’s best interests. A successful collaborative practice allows parties in a family law case to resolve disputes more quickly and often with better outcomes than through court litigation.
How Mediation Works
In family law mediation, a neutral party, called a mediator, helps facilitate settlement discussions between parties. The parties will usually select a mediator with experience or training in family law mediation, who can be a lawyer or a mental health professional. Legal counsel may, but don’t necessarily need to, participate in mediation. Experts are only involved if engaged by one of the parties or agreed to by both parties. The mediator does not decide any of the issues in the parties’ case but rather helps facilitate the parties reaching a resolution. Over one or more mediation sessions, parties can negotiate a settlement of their case, avoiding the need for extended courtroom litigation.
How Arbitration Works
In an arbitration, the parties present their case to a neutral party, called an arbitrator, similar to a presentation to a judge. An arbitrator must be an attorney, a former attorney on inactive status, or a senior judge who has completed continuing legal education courses in domestic violence and child abuse. Experts are only involved if engaged by one of the parties or agreed to between both parties. The arbitrator will conduct a trial-like proceeding in which the parties can present evidence, witness testimony, and arguments. The arbitrator will then issue a decision, which may or may not provide a binding ruling, depending on the parties’ agreement. Arbitration is typically less formal, less expensive, and faster than traditional litigation.
When Should You Choose Collaborative Practice?
Various circumstances may make collaborative practice a more favorable choice for resolving disputes in your family law case, including:
- When you wish to preserve a working relationship with the other disputants, such as an ex with whom you share children
- When your case requires expert analysis of various issues, such as financial matters or family dynamics
- When you want privacy and the ability to control the resolution of your case
- When you’re dealing with animosity or power imbalances that may make mediation less feasible
Contact a Family Law Attorney Serving Pennsylvania & New Jersey
Are you interested in exploring collaborative practice as a way of resolving your family law dispute? Contact BKW Family Law LLC today for a confidential consultation with a family lawyer to learn whether it might be right for you. We’re proud to serve Philadelphia, Montgomery, Chester, Delaware, and Bucks counties in Pennsylvania and Camden, Gloucester, and Burlington counties in New Jersey.