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Arbitration, Negotiation & More
Like Collaborative Divorce and Early Neutral Assessment, mediation and arbitration are viable ways to resolve differences and execute the divorce process without the court time and contentiousness that many couples fear.
Working through the mediation process, a mediator acting as a neutral party works through issues with you and your spouse in a forum that is less about “winning” and “me versus them” and more about creating a resolution that helps create balanced outcomes. Mediation can help preserve positive relationships between parties – relationships that are particularly important when children are involved and couples will share in the raising of their children.
However, if mediation fails, binding arbitration is one option available to you. In some cases, you and your spouse may not want to have your very personal issues made a part of a public court record. Likewise, there are cases that need more immediate resolution and waiting for the Court hearing, which can take several months, isn’t possible. The private and swift nature of arbitration can be a perfect solution for some.
Mediators are trained to secure outcomes that reflect compromise and the best interests of each party, as they remain neutral throughout the process.
Before beginning mediation, it is always helpful to work with your lawyer to identify issues that may present problems and develop outcomes and scenarios that provide you comfort and confidence.
Mediation – like other approaches to divorce, from the conventional to the non-traditional – is not for everyone. Click here for more information on whether mediation might be beneficial in your situation.
Binding Arbitration is another option available to you if mediation fails. This solution works for couples who either do not want their divorce proceedings to be a matter of public court record or are looking for a more expedient resolution. Binding arbitration must be agreed to by both parties – if you cannot both agree to it, arbitration cannot be ordered. To learn more about arbitration click here.
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Why To Consider Arbitration
Arbitration is an efficient and less expensive alternative to going to court. It provides you with a way to resolve your disputes privately rather than through the very public judicial system. Both of you must agree to arbitration. If you cannot both agree to it, arbitration cannot be ordered. The arbiter, not a Judge, will be presented with the facts and will make a final decision. Because this is done outside of a courtroom, it is private and can be accomplished much quicker than the regular process through court. In addition, the arbitration process allows you to present your positions in a more relaxed environment. The arbitrator is a neutral third party decision maker who will enter an arbitration award after everything is presented. A valid enforceable arbitration award removes the court’s ability to rule on the divorce and requires the Court to enforce the arbitration award.
There may be other issues present that will be a factor in determining whether or not your case is appropriate for arbitration. When resolving issues after your divorce is finalized, it is possible that your controlling order requires you to mediate and/or arbitrate your issues before bringing your issue before the Judge. These many case-specific factors must be looked at closely before moving forward with arbitration and, therefore, it is important that your attorney have experience with this area of the law.
Divorce Matters® is a Denver Colorado divorce attorney law firm. We provide information and services including the divorce process through the courts, division of marital property, assets as well as debts and parental rights regarding biological and adopted children.
Contact Us Today
Why not start exploring your options? Call us at 720.542.6142 to schedule your consultation with one of our experienced Denver divorce attorneys today.
Our highly-accomplished divorce and family law attorneys practice throughout Colorado, including:
Adams County (Arvada, Aurora, Brighton, Thornton, Westminster)
I appreciated that not only did Will know law like I know my colors, but he was a counselor as well and guided me through the process. I was nervous many times but was able to fully out my trust in what he was doing and I couldn't be happier. I will continue to refer people to him as o hear of those needing assistance.
Going through a challenging divorce is hell, your team had my back and represented me with a solid council. I have my daughters and got to stay in Colorado with them. I cannot thank you enough.