How Does Voluntary Dispute Resolution Affect Orlando Families?

A wife and husband of eleven years decide that things just aren’t working out anymore. While they don’t hold any animosity towards each other, they do have reservations about dividing marital property equitably. They want to be divorced but do not necessarily want to proceed with a drawn-out legal battle in court. At the same time, each party wants to be sure that they receive what they are entitled to. Do divorcing parties have to litigate every issue in court, or is there another option?

 What is Alternative Dispute Resolution?

In Florida, parties dealing with a divorce or child custody claim are free to pursue alternative dispute resolution, and this includes mediation. Mediation is a tool to help parties reach an agreement on some or all issues between them. Mediation occurs in a safe, non-threatening environment where parties are free to be honest about their intentions and what they hope to get out of the session. The goal is for parties to find common ground without resorting to harsh tactics or adversarial strategy. Mediation does not bar either party from pursuing litigation in the future, but it can save time, money and heartache. Mediation is often the perfect platform to facilitate a dialogue. Attorney Donna Hung is an experienced collaborative lawyer. She is also a certified mediator in the State of Florida, qualified to act as a neutral for parties seeking to resolve family law disputes.

 Why Arbitration and Collaborative Law?

If considering arbitration, it is important to understand the finer points. One of the advantages of arbitration is mutual selection of an arbiter. An arbiter is like a judge, and may be a retired judge, experienced attorney or neutral. They have depth of experience in conflict resolution and de-escalation. The major difference between arbitration and mediation or collaborative law is the effect on litigation. Parties must mutually agree to pursue arbitration, or the court can appoint an arbiter. Fla. Stat.§ 682.014 (2016).  Arbitration can be extremely effective for family law disputes because it can take the pressure and animosity out of proceedings. Parties approach arbitration with an air of conciliation and a spirit to resolve issues, not exacerbate them. Because family law is so entrenched in every aspect of a family’s life, approaching issues from a collaborative place can lead to a more satisfying solution for everyone involved. Arbitration and mediation also avoid court backlog and unnecessary expenses.

Schedule a Consultation with Our Orlando Family Attorneys Today

If you have hit a stalemate in divorce litigation or want to handle a dispute without contention, you may want to consider collaborative law and alternative dispute resolution. Either method could save you thousands of dollars in litigation fees, not to mention months or years of your life. Don’t let your past dictate your future. Our Orlando family attorneys at Donna Hung Law Group can help you find a solution that works. Call today to discuss alternative dispute options.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0682/0682.html