There are many reasons why people choose alternative methods of resolving disputes instead of choosing a litigious approach (meaning, going to Court). Among them:
Cost
I’m not just referring to the financial cost of going to Court, which is often more expensive than trying to resolve your matter outside of Court. I’m also talking about the emotional cost of not battling out your matter in a public forum. It can be very emotionally difficult to read about what the other spouse doesn’t like about you and the shortcomings that they may perceive about you in a legal document that the lawyers, the Court, and just about anyone in the public can also read.
Time
The Court process can take a long time. Years, sometimes. There are a lot of steps in a Court process, and sometimes it can take several months between the different steps. Choosing an alternative method of resolving your matter can shorten the length of time it takes to resolve your matter, and then you can move on sooner.
Success
People are more likely to follow an agreement that they’ve reached with their ex-spouse, rather than follow a Court Order designed by a complete stranger (as Judges often are). Any agreement you reach with your ex-spouse is more likely to be custom-tailored to your family’s needs, whereas a Court Order may be more generic or provide for an arrangement that does not work for you or your family.
Privacy
As mentioned above, most court proceedings are public domain, and this means that the contents of your legal documents can be reviewed by just about anyone. Imagine your child goes to law school and reads their own parents’ reported trial decision. Yikes.
Collaboration
You have the opportunity to work with other professionals beyond your family lawyer to help you resolve your matter, gain different perspectives and learn different approaches to set you up for success in the years to come, especially if you will need to co-parent.
Preserving Relationships
Litigation can sometimes irreparably harm a co-parenting relationship, making it extremely difficult to co-parent in the years to come. If one of your goals is to build a positive relationship with your co-parent for the sake of the children, no matter how you otherwise feel about your ex-spouse, choosing an alternative dispute resolution option to resolve your disputes can often lead to successful problem-solving in the future, rather than running to Court for every little argument.
The lawyers at Scharff Nyland Chambers LLP are truly committed to providing alternative dispute resolution options to resolve your disputes arising from your separation. We have collaboratively trained lawyers, accredited family mediators and can conduct arbitrations, with the goal of saving you time and money away from the already saturated Court process.
