“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser-in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.”
-Abraham Lincoln
July 1, 1850
Going to court usually isn’t the best way to resolve a family law dispute. In many cases, Alternative Dispute Resolution (ADR) is a faster, more equitable and better solution to your legal issue. InIndiana, ADR in family law principally takes two forms: mediation and arbitration.
MEDIATION
The most common method for ADR in family law is mediation. In mediation, the parties agree to meet with a court-approved mediator for the purpose of negotiating a mutually agreeable resolution to the problem. The mediator, generally an attorney with experience in family law, helps to clarify the issue and introduces possible solutions. The mediator is a neutral party who works to create a solution to the problem that lets everyone walk away with an agreed upon resolution. The mediator cannot give either party legal advice.
Mediation is privileged. If the case is not settled, the contents of the mediation session generally cannot be disclosed in subsequent Court proceedings. A mediator cannot compel you to agree to any proposal, but can help everyone come to a mutually beneficial solution.
Mediation is an excellent tool to reach an amicable settlement of your case, but is not right in every situation. Bruce is experienced in serving as a mediator, and in representing clients in mediation, and is prepared to discuss whether mediation is right for you.
ARBITRATION
Arbitration is another out-of-court way of resolving disputes. Unlike mediation, by submitting to arbitration, the parties agree to allow a neutral third party make a decision in their case which the Court must enter as a judgment, whether the parties agree or disagree with the decision of the Arbitrator.
The arbitrator is an attorney either agreed upon by the parties or ordered by the Court. The arbitrator is required to follow the laws ofIndianaand apply them to your matrimonial matter. If children are involved, the arbitrator must comply with the Indiana Parenting Time Guidelines as well as the Indiana Child Support Guidelines. Therefore, the parties should not expect to attain a judgment unsupported by the applicable laws.
During arbitration, the parties agree on the procedure in advance of their appearance before the arbitrator. Each party presents their argument and information. The arbitrator makes written findings of fact and conclusions of law and submits it to the Court with jurisdiction. The Court enters judgment based on the arbitrator’s findings and conclusions. Either party may appeal the judgment entered by the Court based on the arbitrator’s findings and conclusions.
People choose arbitration for a few different reasons. First, arbitration is generally faster and more economical than litigation. Additionally, arbitration, unlike a Court trial, can occur in a private setting, protecting your family’s privacy.
As with other forms of ADR, arbitration may or may not be the best method to resolve your case. Bruce can help you make a decision about what’s the best scenario for you and your family.
COLLABORATIVE LAW
Collaborative law is a method of dealing with divorce that purposely avoids the adversarial side of divorce and family law. With this technique, both parties agree to work together, with the guidance of their respective lawyers. Both sides pledge to reveal all information and to work closely together to come up with a solution that works for both parties. To help encourage both sides to work together, the family law attorneys helping them negotiate pledge not to represent the parties in further divorce proceedings if they can’t reach an agreement.
So why use collaborative law? It’s a way to encourage good behavior and working together from the start of the divorce, which can help set a positive tone. This is especially important when children are involved. Additionally, collaborative law is often faster and less expensive than litigation, and keeps your case out of the courts. It also gives financial advisors and mental health professionals a way to give their input in a way that benefits all parties involved.
COOPERATIVE LAW
is much like collaborative law, but differs in one significant way: if the parties can’t reach an agreement, the lawyers involved may still represent their clients in further proceedings. In other aspects, cooperative law is the same, requiring the open sharing of information and a positive, forward-looking legal environment.
Cooperative and collaborative law aren’t right for every situation, but they may fit your needs. When you come for a consultation, Bruce will discuss your unique situation and help you find the procedural solution for your family, whether that’s traditional litigation or an ADR solution.
