“Give and take.”
That is behavior referenced on the website of one proven Alabama family law source.
Clearly, it is not always on display in family-linked matters marked by acrimony and contention. In select instances (especially divorce), spousal exchanges can be sharp and distrustful. “Scorched earth” is a term sometimes employed in the family law realm, referring to divorcing parties’ insistence on taking a hardball stance on virtually every dissolution issue in court.
That approach often fosters a combative atmosphere from the outset, leading to a conflict-laden process. The result is frequently a win-lose outcome, with both impending exes seldom being content with how any given issue plays out. In fact, it is often the case that both parties feel unhappy and shorted by court-driven decrees.
Alternatives to court: securing viable divorce results
Candidly, some divorces seem flatly destined for court and the close oversight of a judge making successive rulings on contested matters.
That doesn’t always have to be the case, though, especially when splitting couples can retain a base level of civility and have an eye on a continuing post-divorce relationship (e.g., in cases where children are involved). In such matters, the above-cited “give and take” approach can yield clear win-win results that dampen divorce conflict and spawn outcomes that both parties find largely acceptable.
Why divorce mediation is growing in popularity
It’s obvious why a growing number of divorcing couples in Alabama and nationally are turning to mediation as a dissolution option.
The process features an experienced neutral third party helping the participants reach mutual agreement on key issues. And mediation confers a noted degree of autonomy on divorcing parties, enabling them to control the timing, pace and tenor of the divorce process in a way that is not possible via courtroom litigation.
And there is this too: Given the atmosphere of reasonableness tied to mediation, divorce outcomes are often reached more quickly and at lower cost than is the case with litigated divorce. Moreover, parties can always proceed to court in the event that mediation does not work them.
Spotlighting private judging: Neutrality also stressed here
It’s clear why some parties would welcome a divorce process involving a judge that does not also include the sterility and formality of an actual courtroom.
That option exists pursuant to the so-called process of “private judging.” Divorcing couples can retain an independent and neutral third party to hear a case and make a decision in the same manner as a judge would. In fact, case arbiters can actually be former judges.
Individuals with questions or concerns regarding divorce alternatives to courtroom litigation can contact a proven family law firm. They might especially want to reach out to established legal offices that employ both a private judge and trained arbitrators.