Even amicable divorces come with emotional and legal hurdles, but there are ways to avoid some of the stress and expenses that come with divorce trials. New York offers alternative dispute resolution (ADR), which is a series of processes that help divorcing couples resolve their disagreements and avoid litigation.
Mediation, collaborative law, parenting coordination, arbitration and neutral evaluation are all types of alternative dispute resolution. ADR is often less stressful and more confidential – not to mention less expensive – than going to trial, according to NYCourts.gov.
ADR also cuts down the time required to complete a divorce. In some cases, it offers longer-lasting and more satisfactory results for both parties. This can set the foundation for a healthy post-divorce relationship.
If you would like to learn more about ADR or discuss your particular situation with a divorce attorney, call the Elliot Green Law Offices. Mr. Green is a Staten Island family lawyer who gives each case the individual attention that it deserves. To schedule a consultation, call 718-260-8668.
Understanding Arbitration, Parenting Coordination and Neutral Evaluation
Arbitration, parenting coordination and neutral evaluation are three forms of alternative dispute resolution in New York. The descriptions below can help you decide if these options could help your case:
Arbitration
During arbitration, a neutral arbitrator will listen to arguments from both spouses and make decisions on disagreements. This process is typically less formal than a trial, and its governing rules are more relaxed.
In “binding arbitration,” both parties agree to accept the neutral arbitrator’s decision as final. It is generally not possible for either party to appeal an arbitrator’s decision when the process is binding. In “non-binding arbitration,” however, one of the spouses is unsatisfied with the arbitrator’s decision and, instead, requests a trial.
Neutral Evaluation
Neutral evaluation follows a similar pattern as arbitration. It differs in that a neutral person with experience in the specific subject matter will hear abbreviated arguments. The neutral evaluator will review the strengths and weaknesses of the case on each side of the argument, and will attempt to evaluate the likely outcome in court. The goal is to encourage a settlement, and to avoid the time and expense of litigation.
Parenting Coordination
Parenting coordination makes the children’s best interests the foundation of a divorce agreement. A “parenting coordinator” will make decisions within the scope of a particular appointment contract or court order – generally in cases when the spouses cannot come to a custody or child support arrangement. The goal of this process is to establish a healthy, long-lasting relationship between the parents and the children.
At the Elliot Green Law Offices, we know that divorce is an emotionally exhausting process. A Queens divorce attorney from our firm can answer your questions and handle the legal side of ending your marriage – so you can focus on your personal well-being. Call us today at 718-260-8668 to schedule an appointment.
