Divorce is a huge decision, and it is a huge step in your life. Unsurprisingly, the divorce process is usually an emotionally stressful one, especially when you and your spouse cannot agree on its terms. However, you may be able to relieve some of your emotional burdens if you and your spouse choose to avoid the litigation process in a courtroom setting altogether. If this sounds like it may work for you, read on for answers to some of the most commonly-asked questions regarding alternate methods of divorce.
What is the litigation process like?
If you and your spouse choose to endure the litigation process, you can expect to appear in court, where you will have to hash out the terms of your divorce in a public setting. The end result of the litigation process is largely out of your hands, and the litigation process generally takes longer and is also usually far more expensive. The litigation process is often more contentious, and it may also make the weight of your divorce feel that much heavier. This is why people often seek alternative, less expensive and less emotionally draining options, such as mediation or arbitration.
What does a divorce mediator do?
Essentially, a divorce mediator seeks to minimize the emotional and financial impact of your divorce. Both you, your spouse, and a neutral, unbiased divorce mediator will sit down together and discuss the terms of your divorce. A mediator seeks to facilitate productive, civil conversation, while simultaneously diffusing the tension. He or she will listen to both you and your spouse, and if all goes as planned, you will have the terms of your divorce sorted out in the calmest, quickest manner possible.
What does the arbitration process look like?
Essentially, the main goal of the arbitration process is the same as the mediation process. The difference, however, is that the arbitration process usually involves more than one arbitrator who takes on the role of a privately-paid judge. Usually, both you and your spouse will select a neutral third-party arbitrator. From there, the two arbitrators will select a third unbiased arbitrator. Both you and your spouse will tell them your ideal terms for divorce, and the three arbitrators will then take a vote and draft your divorce terms based on a fair, unbiased compromise. While you may not be 100% satisfied with the end result, there is still a greater chance you would be even less satisfied had you gone through the litigation process. Remember, the ultimate goal of alternative divorce methods is to give you more of a voice and produce an end product that both you and your spouse are content with.
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