Family Law Dispute Options
January 7, 2016 by West Coast ADR
When it comes to divorce or dealing with child custody issues, many people think that going to trial in the family courts is the only option. However, both mediation and arbitration may be viable options depending on your situation. Each of these has its own set of pros and cons, and it’s important to understand the differences in the process for each.
Mediation gives you and your ex the most control over the divorce process, and it also usually takes the least amount of time for everything to be settled and finalized. In a mediation, there is at least one premediation meeting and at least one actual mediation meeting. If everything has been agreed upon at the mediation meeting, things can be finalized right away. Even in the case where you need more than one mediation meeting, this is usually a fairly quick process.
Arbitration is similar to mediation, with a preabritration meeting, prehearing meeting and then the actual arbitration. However, once everything has been presented, it can take 60 to 90 days to get a final decision. Unlike in a trial, decisions made in an arbitration are not eligible for appeal, so this is important to note.
A trial is what most people are familiar with and consists of many conferences, hearings, motions and time for things like the discovery of evidence, subpoenas and appointing a guardian ad litem. This process is also the longer of the three, taking upwards of three months and sometimes even years to reach a finalized court order. Which of these is the best option for you largely depends on your specific set of circumstances. Talking with one of our attorneys can help you learn more.
When it comes to divorce or dealing with child custody issues, many people think that going to trial in the family courts is the only option. However, both mediation and arbitration may be viable options depending on your situation. Each of these has its own set of pros and cons, and it’s important to understand the differences in the process for each.
Mediation gives you and your ex the most control over the divorce process, and it also usually takes the least amount of time for everything to be settled and finalized. In a mediation, there is at least one premediation meeting and at least one actual mediation meeting. If everything has been agreed upon at the mediation meeting, things can be finalized right away. Even in the case where you need more than one mediation meeting, this is usually a fairly quick process.
Arbitration is similar to mediation, with a preabritration meeting, prehearing meeting and then the actual arbitration. However, once everything has been presented, it can take 60 to 90 days to get a final decision. Unlike in a trial, decisions made in an arbitration are not eligible for appeal, so this is important to note.
A trial is what most people are familiar with and consists of many conferences, hearings, motions and time for things like the discovery of evidence, subpoenas and appointing a guardian ad litem. This process is also the longer of the three, taking upwards of three months and sometimes even years to reach a finalized court order. Which of these is the best option for you largely depends on your specific set of circumstances. Talking with one of our attorneys can help you learn more.