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What Should I Do When Mediation Fails?
Mediation provides divorcing couples with a way to calmly settle disputes. However, mediation is not for everyone. It requires both parties to act in good faith, and if one party will not cooperate, negotiations could stall. If mediation is not the best fit for your divorce, a devoted Illinois divorce lawyer can help you find an alternate method of dispute resolution.
At Shaw Sanders, P.C., our attorneys are dedicated to the practice of family law, and we have years of experience handling high-conflict divorces. We will do everything we can to help settle your divorce outside of court, but if necessary, we are ready to aggressively litigate your case.
Arbitration
If you want to resolve a divorce quickly, arbitration may be the best option for you. Compared to mediation, there is not as much room for negotiation in arbitration. Instead, you and your spouse will present your case in a courtroom to a third-party arbitrator. Similar to a judge, the arbitrator has the authority to make a final ruling.
The format of arbitration is similar to litigation, but in most cases, arbitration is faster and less expensive. The final decision of an arbitrator is legally binding, with limited grounds to appeal a ruling. A family law attorney at Shaw Sanders, P.C. can help you find a trusted arbitrator to handle your divorce.
Collaborative Law
If you like the structure of mediation but prefer something more structured or comprehensive, you might want to consider collaborative law. In this format, you and your spouse can both hire your own attorneys to work out a fair settlement outside of court.
There are many benefits to collaborative law. You will be represented by a divorce attorney with full knowledge of the law and you can add as many other professionals as you want. Many couples opt to include financial professionals, divorce coaches, and child experts. In addition, collaborative law allows for more creative, flexible solutions than going to court and ensures that everyone involved is committed to a cooperative process. If the collaborative divorce process falls apart, the entire team dissolves and your attorney cannot then represent you if your case moves forward to litigation.
Litigation
When all else fails, you may have to turn to litigation to resolve your divorce. The decision to go to court should not be taken lightly. A litigated divorce can take a long time to resolve, with legal fees that add up quickly. Furthermore, you have less say over the final decision compared to mediation. For these reasons, it may be in your best interests to avoid litigation if at all possible.
In some cases, litigation may be your only avenue to protect your assets or negotiate a healthy child custody arrangement. At Shaw Sanders, P.C., we can stand up for you in a litigated divorce, making sure that the judge hears your concerns.
Meet With a St. Charles, IL Family Law Attorney Today
There are many different legal ways to resolve a divorce. The best method of dispute resolution should be tailored to your circumstances. At Shaw Sanders, P.C., our Kane County, IL divorce lawyers are ready to sit down with you to discuss your needs.
We will help you pursue an efficient solution, providing strong legal guidance and superb representation. To schedule a free consultation, call our offices at 630-584-5550 today.
630-584-5550