Exploring the alternatives to court litigation in PA
People who are going through a divorce may want to consider mediation or collaborative divorce as alternatives to court litigation.
Pennsylvania couples who have entered into the divorce process may want to explore all of their options. While traditional court litigation may be the best choice for couples who are going through a heated and emotional separation, there are alternatives to litigation. Mediation and collaborative divorce can be an advantageous way to dissolve a marriage for people who wish to negotiate the terms of their own divorce settlement.
A closer look at mediation
Mediation sessions take place out of court and under the direction of a neutral mediator, according to the Huffington Post. The mediator is present to direct the sessions, ensure all topics have been covered and answer any general legal questions either party may have. The mediator, however, is not able to supply personalized legal assistance. Therefore, many people undergoing mediation may choose to consult with an attorney to ensure they are getting what they deserve in the settlement.
During mediation sessions, couples are able to negotiate the terms of their decree, including child support, parenting time, property division and alimony. According to the American Bar Association, this allows couples to come up with an agreement that meets their specific needs, rather than leave the fate of their settlement in the hands of a judge. Often times, the mediation process expedites the divorce process, as most couples only need one or two sessions to complete their settlement. Couples are able to schedule the sessions rather than wait for a court date. Mediation sessions can be more affordable, as there are no court costs involved.
Although collaborative law is similar to mediation in many ways, there are significant differences. During the collaborative negotiations process, each party is accompanied by his or her attorney. Before the process begins, Think Advisor explains how both parties must sign a contract agreeing to work together in making decisions that will benefit everyone involved. The couple must agree to supply all of the information needed to ensure a fair settlement. Some collaboration cases may involve an interdisciplinary team of professionals, including a financial planner and child psychologist. Everyone works together to design a divorce settlement that benefits the entire family.
Couples that choose to dissolve their marriage through mediation or collaboration often find that they have a better post-divorce relationship. This is beneficial for parents, business partners and couples that must associate with one another after the divorce is finalized.
Legal representation may be essential
While mediation does not require the use of a family attorney, the legal assistance of a Pennsylvania attorney may be vital to your case. Not only are lawyers able to provide personalized legal counsel, but they may be helpful in walking you through the entire divorce process.
Keywords: divorce, mediation, litigation