In some cases, divorcing parties and their respective attorneys may decide that traditional divorce litigation is not in the best interest of the parties for reasons specific to that case. In those situations, the attorneys might elect to utilize an alternative dispute resolution technique, such as mediation or arbitration.
Recently we had a case in which our attorneys believed it was not in our client’s best interest to involve a judge, and the parties and respective counsel instead elected to go to mediation. With the help of the mediator, the parties were able to slowly make their way toward a global settlement and ultimately finalizing their divorce.
The mediation process is confidential and non-binding unless the parties specifically agree that they want to be bound by the terms, and this aspect of mediation is key in many cases. In this particular one, it allowed the parties to reach agreements about limited issues at each session. If they were in agreement with the terms, they would write out the agreement on those issues and sign. The signing of the agreement was key, as it became enforceable in Court.
At DeTorres & DeGeorge, we strive to protect our clients’ best interests and are willing to pursue these alternatives when appropriate in order to provide the best possible services to our clients.