When you are filing for divorce or are engaged in a domestic dispute, it can be a daunting experience, especially when going through the court system. However, there are other forms of conflict resolution that can help you reach an outcome. But between domestic arbitration and mediation, it can be difficult to discern which course of action will work for your circumstances. With the help of the best divorce lawyers in Atlanta, you will understand the inner workings of each process so you can make the right choice for your family and your future.
What is Domestic Arbitration?
According to the best divorce attorneys in Atlanta, domestic arbitration is a type of alternative dispute resolution (ADR) that allows you to settle conflicts outside of the court system. After working with your spouse to select an arbitrator, they will hear testimony and review evidence in your case to issue a final award that is legally binding. Domestic arbitration can help you and your spouse resolve conflicts related to child support, alimony, property division, custody and more.
What is Mediation?
Mediation is another type of ADR in which you and your spouse select a neutral third party outside the court system to settle your dispute. However, their role differs from that of an arbitrator in domestic arbitration. Instead of awarding a legal outcome, your mediator will help facilitate a discussion between you and your spouse so you can reach an amicable agreement. Unlike an arbitrator, they have less authority and cannot judge whether the final award is fair. So, should you choose mediation, you need the guidance of the best divorce lawyers in Atlanta to ensure your agreement meets your best interests.
Domestic Arbitration vs. Mediation
While both domestic arbitration and mediation enable you and your spouse to reach a quicker resolution than with a jury trial, there are some differences between the two that you must consider when evaluating which option is right for you. Each form of ADR offers privacy and flexibility not afforded to you when going through the court system. However, the award in a domestic arbitration is legally binding and incredibly difficult to appeal, whereas the agreement in mediation is easier to revisit and modify as needed. And while both are cost-effective solutions that afford you more control over the dispute resolution process, mediation is not an effective option if you and your spouse are too contentious to respectfully communicate with one another. In circumstances of fraud, dishonesty, substance abuse, mental illness and domestic violence, it is better to seek an outcome through domestic arbitration.
Reach the Resolution You Need with the Best Divorce Lawyers in Atlanta
Experiencing a major life transition like divorce is never simple. And whether you choose domestic arbitration or mediation to settle your issues, the best divorce lawyers in Atlanta at Daniele Johnson & Associates will prove you with the compassionate counsel you need to reach the outcomes you deserve.
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Whatever your situation may be, Daniele Johnson & Associates can help.