June 19, 2023Author: Grant Moher, Esq.
June 19, 2023Author: Grant Moher, Esq.
There are out-of-court options to help you and your spouse settle your divorce. These methods are known as “alternative dispute resolution” (ADR). ADR includes mediation and arbitration. Alternative dispute resolution can help a divorcing couple agree on child custody, asset division, or custody/alimony payments.
What is the difference between mediation and arbitration? There are some similarities and some differences.
Both methods of ADR tend to be cheaper, faster, and easier than litigating in court. You do not need to be represented by a lawyer to use either method of ADR. Some mediators will not let attorneys attend mediation sessions.
Mediation has a lot of benefits, which is why it’s so popular:
People who use mediation report that the resolution was typically beneficial to both sides, felt more personal, and fostered a cooperative environment that will make the future relationship easier to manage.
In Virginia, mediation costs vary. If your mediator is also a lawyer (some of them are), expect the price to fall on the higher end, though you can still save money by avoiding litigation. Typically, both parties share these costs so there is no concern that the paying party is being favored.
Some mediators allow attorneys to be present in sessions and others do not. However, you want guidance from a lawyer even if they cannot be in the room. Without your advocate by your side, you could unknowingly agree to a settlement that may not be as favorable as it should be. Without a lawyer to inform you of accepted standards, procedures, or rights and responsibilities, a key detail could be overlooked.
You can still plan with a lawyer, so you walk in there informed and with a clear strategy. Before you sign a mediation agreement, always have your attorney review it.
Curran Moher Weis is a team of passionate Fairfax divorce lawyers with the legal experience to help you through your divorce and stay out of court. Contact Curran Moher Weis today to begin the process now.