Does every divorce in Noblesville have to involve a heated courtroom show-down with spouses blaming each other, fighting over every little detail and remaining contentious throughout the divorce process?
The answer is no. While disputes do happen, a divorcing couple generally will ultimately be happier if they are able to resolve these disputes in a positive matter, such as through mediation or arbitration.
Out-of-court divorce resolutions such as mediation or arbitration involve a certain amount of cooperation. However, this can set the stage for positive interactions moving into the future, which can be especially useful if a couple has a child that they will continue to raise together following the divorce. The following is a brief overview of mediation and arbitration in Indiana.
Indiana courts promote mediation
Indiana courts promote mediation, which is a form of alternative dispute resolution. Cases what are resolved successfully through mediation must be approved by the court but do not have to go through the litigation process. The mediation process is overseen by a neutral third party called the mediator.
The mediator is not a decision maker; the parties to the divorce are responsible for negotiating a settlement for themselves. However, a mediator plays an important role in facilitating discussions between the spouses and serving as a sounding board so that a satisfactory resolution can be made.
Mediation is a voluntary option, and anything said in mediation will remain confidential. This may make spouses more willing to work together and speak their mind without fear that their words will be held against them. Mediation is often quicker and cheaper than litigation, making it an attractive option for divorcing spouses who want to resolve their divorce in a positive manner.
Arbitration may also be an option
Another form of ADR is arbitration. Arbitration is more formal than mediation but less formal than litigation. The arbitrator is a decision-maker and will issue a ruling on the outcome of the divorce process, which will generally be honored by the court. However, parties choosing arbitration do not have to follow the rules of evidence and other formal proceedings involved in litigation.
Again, the parties can consult with one another to reach an agreement they find mutually satisfactory. Arbitration proceedings can also be quicker and cheaper than litigation, making them an attractive option for divorcing couples who may feel that mediation is not for them but also do not want to go through the entire litigation process.
You can still be represented by an attorney if you choose ADR
It is important to note that if you choose to resolve your divorce through mediation or arbitration you can still be represented by an attorney. An attorney can help explain your rights and can help you choose options throughout the alternative dispute resolution process that are in your best interests.
Through cooperation and communication, you and your spouse can keep your divorce as civilized and positive as possible so you can reach an out-of-court resolution that you both feel satisfied with.