Divorce is a stressful, complex time for both parties. In order to minimize the complications and stress of ending a marriage, North Dakota couples may look for ways to work through disputes quicker and more easily than typically possible with a traditional divorce. For some, it is beneficial to employ one or multiple methods of alternative dispute resolution.
Not all divorces have to end up in court. In fact, it is quite possible to avoid litigation altogether and resolve all divorce disputes in a peaceful, respectful manner. Of course, this is not a reasonable option in every situation, but it could be the right choice for you if both parties are willing to commit to the process.
ADR options available to you
There are two common ways that couples often resolve their divorce-related dispute out of court: mediation and collaboration. These two processes work differently, but may occasionally overlap if necessary. The main differences between these ADR methods are as follows:
- Mediation: Mediation employs a neutral third party to help couples address concerns and resolve disputes. The role of the mediator is to encourage communication and foster cooperative negotiations between parties.
- Collaboration: A collaborative divorce requires a commitment from both parties to stick to the process and resolve issues as smoothly as possible. The help of outside experts, such as financial advisors and therapists, may be used to help couples work through disputes.
Of course, ADR is not the only way to keep a divorce out of court. In some cases, informal negotiations are sufficient, but for you and your soon-to-be-ex-spouse, a more formal and structured process could be sufficient.
Is this the right choice?
Divorcing amicably and peacefully is possible, even when two parties do not really like each other. ADR could work for you if both parties are willing to commit to the process and find a beneficial resolution to all disputes remaining between the two parties. Mediated or collaborative divorces are generally less adversarial, ultimately taking less time than a traditional divorce.
By employing ADR methods during your divorce, you can save both time and money, as well as avoid unnecessary stress. If you believe that this could be the right choice for your situation, you would be wise to learn more about ADR and which one could work best for your family. From property division to child custody, ADR could help you avoid court and retain more control over the final order.