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Family Law/Divorce: Alternative Dispute Resolution

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Alternative Dispute Resolution

Divorce is an emotional process for families. It is challenging to step away from a relationship. That difficult decision comes with tremendous emotional and financial baggage, and sorting through that baggage takes time, energy, and sometimes privacy. Going through the very public process of divorce may feel overwhelming. However, other options offer couples and families more privacy and control over ending their marriage.

At Grant, Miller & Smith, LLC, our divorce attorneys can help you work through the divorce process with as little stress and heartache as possible. Separating from your spouse presents new challenges and unlocks new fears. We aim to help you manage the process so you come out the other side in the most favorable position possible, allowing you to move forward with your life and get a fresh start.

If going through the Missouri family court system feels overwhelming and intimidating, consider talking to an experienced divorce attorney about alternative dispute resolution. There are ways to avoid having a judge make the decisions in your divorce in court. You can resolve your differences with your spouse and present an agreed document for the judge to approve. Contact the legal team at Grant, Miller & Smith, LLC, to arrange a confidential legal consultation to discuss your options.

What Is Alternative Dispute Resolution?

Many couples find that they are at odds on issues like asset division, child custody and visitation, and support payments. Most separating couples believe that going to court is the only way to resolve their differences and establish a legally binding divorce agreement. However, there are other methods couples can use to resolve their issues and arrive at a mutually agreeable arrangement.

“Alternative dispute resolution” is any method of resolving differences between parties outside of the traditional court system or litigation. Examples of alternative dispute resolution include mediation and arbitration. Mediation is one of the most valuable alternative dispute resolution methods in cases of Missouri divorce. Many judges require couples to try mediation before they bring their divorce to court.

Understanding Missouri Mediation

Mediation allows couples to avoid the stress and expense of taking their divorce before a judge. During mediation, a neutral third party, called the mediator, helps facilitate communication between spouses. The mediator listens to each party’s positions and makes suggestions about ways they might reach an agreement. The mediator seeks to help everyone communicate, negotiate, and compromise. Mediation aims to get spouses to a point where they can settle their differences amicably and arrive at a divorce agreement without stepping into a Missouri courtroom.

A mediator does not serve as judge and jury, make decisions, or force couples into a specific arrangement. Instead, the mediator facilitates healthy discussions so both sides can find common ground. They can lay out the rules of the process and help parties find ways to compromise, but a mediator cannot force individuals to agree when there is an impasse.

The Benefits of Mediation During Divorce

There are positives to engaging in alternative dispute resolution methods like mediation. Some of the benefits of attempting mediation during divorce include:

  • More Cost-Effective – Encouraging couples to work through their differences via mediation is more cost-effective than going to court and can save money. Legal fees, mediator fees, and administrative expenses are significantly less than the costs of a traditional divorce.

  • Saves You Time –The divorce process takes time. Add to that the time it takes to wait for a Missouri family law court date, and you may be waiting months, sometimes years, to finalize your divorce. You can schedule mediation and wrap up the process quickly, allowing you to move forward with your life.

  • Privacy –Court records are public, and that includes transcripts of divorce proceedings. Using mediation, you can maintain confidentiality and privacy. While your divorce decree will still be a matter of public record, the negotiations you engaged in to get there will not.

  • Less Adversarial – Often, mediation helps couples, especially those with children, maintain amicable relationships. Mediation gives couples the tools to engage in healthy dialogue and meaningful communication, making it feel less adversarial and contentious than going to court. When parties can work together to find common ground and resolve disputes, they may be more open to maintaining healthy working or co-parenting relationships.

  • You Keep Control – One of the issues many couples face when going to court is the feeling that things are spiraling out of their control, and they have no say over what happens to their assets or family. Mediation puts the control back in your hands. You and your former partner shape the solution, not a judge.

Collaborative Divorce

Collaborative divorce is another alternative dispute resolution option open to Missouri couples. The relatively new option allows each spouse to retain a specialized attorney and team of collaborative divorce professionals to outline the divorce terms. Collaborative divorce attempts to blend elements of mediation and traditional divorce representation while keeping partners out of the courtroom.

During a collaborative divorce, each side has its own legal representative and agrees to sign a “no court” agreement. The teams negotiate with one another to reach an acceptable agreement in an informal process. If couples cannot reach an agreement, the collaborative lawyers must resign, and the spouses can find new representation to move forward with a traditional divorce. Although more expensive than mediation, it is still less stressful and expensive than a traditional divorce.

Do You Need a Divorce Attorney for Alternative Dispute Resolutions?

The answer is a resounding yes. You are not required to have an attorney, but obtaining legal representation is always in your best interest, even when engaging in mediation and other forms of alternative dispute resolution. An attorney can advocate for you and prepare you for what’s ahead. An attorney can also help ensure that your rights are protected and that any arrangement you agree to is fair.

Hiring an experienced divorce attorney to help you with mediation does not mean you don’t trust your partner or are not fully engaged in the mediation process. It means you care about the outcome of your situation and want to protect yourself and your family. It also means you want the process to go as smoothly as possible.

A family law attorney can help you by:

  • Providing legal advice and helping you understand your rights

  • Drafting and reviewing your divorce agreement

  • Advocating for you and your family

  • Navigating potential complications

  • Working toward a fair outcome

  • Providing post-mediation support and advice

  • Providing moral support to you and your family

Mediation is not the end of your divorce story. A judge must approve and sign off on your divorce agreement, making it legally binding. Working with an attorney means you can trust that vital legal documents are submitted and deadlines are observed so you can resolve your issues and rebuild your life.

During a Divorce, You Need an Ally

At Grant, Miller & Smith, LLC, we have more than six decades of combined legal experience. Our compassionate legal team understands the emotional strain divorce can put on your shoulders. Let our experienced divorce attorneys help you find solutions that meet your needs and allow you to move forward with your life, feeling optimistic about the future.

Contact our Missouri office today at (314) 721-6677 to arrange a confidential legal consultation. We can evaluate your situation and outline your legal options for ending your marriage. We are happy to provide legal services to those in St. Louis County and the Ladue, Wildwood, and Chesterfield communities.

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