Get Educated About Your Choices in Divorce
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“Pro Se” (Without Attorneys) |
Mediation |
Med/Arb |
Arbitration |
Collaborative Law |
Litigation |
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| Description: | One or both sides are not represented by an attorney. The parties may seek the assistance of the pro se coordinator’s office at the courthouse and file the necessary forms themselves. There are low-cost do-it-yourself resources available including the Court’s on-line self help center. This process can lead to a Separation Agreement, which would be filed with the Court along with other necessary forms to complete the divorce. If an agreement is not reached, the Court resolves the issues at a trial. | A hybrid process combining mediation and arbitration. Parties begin work with a neutral, impartial professional as a mediator. If parties do not reach agreement on some or all issues, then the mediator becomes an arbitrator and issues binding decision(s) on the unresolved issues.See Mediation and Arbitration for more information. |
In Arbitration, the parties agree to appoint a neutral person to make decisions. Parties may submit all or only part of their case to arbitration. In arbitration, the parties or their attorneys present their side and/or supporting documents. Parties can make the decision of the arbitrator advisory or binding. If the decision of the arbitrator is binding, there is only limited right to court review of the decision. | Parties each have their own attorney who is trained in collaborative law. This is a non-adversarial team approach in which other collaborative professions– such as communication coaches, financial experts, mediators and/or mental health professionals –may be involved. The goal is to work together as a team to create solutions that work for both parties. The parties agree not to go to court. If one or both parties decide to go to court, both attorneys and all other team members must withdraw from the case. The goal is to create a Separation Agreement for filing with the Court. | Parties each have their own attorney who is trained in collaborative law. This is a non-adversarial team approach in which other collaborative professions– such as communication coaches, financial experts, mediators and/or mental health professionals –may be involved. The goal is to work together as a team to create solutions that work for both parties. The parties agree not to go to court. If one or both parties decide to go to court, both attorneys and all other team members must withdraw from the case. The goal is to create a Separation Agreement for filing with the Court. | Each party has his/her own attorney who represents them in the process and in court. Sometimes, the attorneys negotiate agreements without going to court. |
| Confidentiality: | Negotiations are usually private. If there is a hearing on disputed matters, it is public. The final agreement is part of the court’s record and is open to the public, unless sealed with the Court’s approval. | The process is confidential and matters discussed there cannot be shared with the court unless both parties agree. The final agreement is part of the court’s record and is open to the public, unless sealed with the Court’s approval. | See Mediation and Arbitration for more information. | The arbitration award (written decision) becomes part of the court file and public record (which can be sealed with Court approval). | The process is confidential but any agreements filed with the court are part of the file and are public record (which can be sealed with Court approval). | Negotiations are confidential but hearings are public. Attorneys must also disclose to the other attorney, information from their client that could potentially put their child at risk. |
| Cost: | Minimal court fees. Sometimes other experts are consulted if the parties choose. | Mediators charge an hourly fee that the parties usually share. The fees vary depending on expertise and experience, number of issues, number of sessions. Some cases are resolved in just a few meetings, others take longer. Percent of cost can be apportioned. | See Mediation and Arbitration for more information. | Often, arbitrators charge more than mediators. Attorneys may be part of the process. Percent of cost responsibility can be negotiated. | Most cases will be substantially less expensive than a drawn out court battle. Since the parties agree on their experts before their involvement, court costs associated with a “battle of the experts” is avoided. Some cases are resolved in just a few meetings, others take longer. | Litigation with attorneys is usually the most expensive option. There can be additional expenses when each attorney has his/her own expert or experts to testify about an aspect of the case. |
| Lawyer Involvement: | It is possible to briefly consult with an attorney about the case (“unbundled services) without retaining the attorney to handle the whole case. | Parties are encouraged to consult with attorneys before, during and after mediation is completed. Although there is no obligation to do so, it’s a good idea to get legal advice. Attorneys may also be present at the mediation itself if the parties desire. | See Mediation and Arbitration for more information. | Parties are encouraged to consult with attorneys before or during arbitration. Attorneys may also be present at the arbitration itself if the parties desire. | Each party has his or her own attorney who is usually actively involved in the case. It is possible for the parties to meet with the other experts without the attorneys during parts of the process. | Attorneys are actively involved and usually guide the course of the case. |
| Advantages: | Can be a fast and least expensive option. | Mediation gives the parties a chance to air feelings, negotiate creatively based on their unique circumstances, and keep control of the outcomes. Facilitative mediation emphasizes preserving the quality of the relationship after the divorce. In cases of shared parenting, this can be especially helpful and reduce the need to come back to court after the divorce. Even if the entire case is not settled, mediation can be helpful to reach agreements on some issues prior to going to court. | Med/Arb can combine the best of both mediation and arbitration. It can allow the parties to create a solution that works for them yet provide a way to break any deadlocks. | Arbitration is binding and often faster and less expensive than litigation. It is sometimes helpful to have the expertise of the arbitrator match the issue to be arbitrated. (For example, a mental health professional could arbitrate parenting issues.) | Collaborative divorce process gives parties a chance to air feelings, negotiate creatively based on their unique circumstances, and keep control of the outcomes. Collaborative law emphasizes preserving the quality of the relationship after the divorce. In cases of shared parenting, this can be especially helpful and reduce the need to come back to court after the divorce. Both parties have legal advice throughout the process, as well as advice of other experts (e.g., financial, mental health, communication specialists, mediators) as needed. er the divorce. In cases of shared parenting, this can be especially helpful and reduce the need to come back to court after the divorce. Both parties have legal advice throughout the process. | In litigation there are technical aspects to the law that require attorney expertise. Some people prefer not to have to negotiate directly with their spouse or ex-spouse. In cases of contempt of court, such as non-payment of child support, only the court has the power to impose sanctions. Also, if domestic abuse is present, one party may need greater protection during the divorce, and the Court can be asked to provide this. case. There are technical aspects to the law that require attorney expertise. Some people prefer not to have to negotiate directly with their spouse or ex-spouse. In cases of contempt of court, such as non-payment of child support, the court has the power to impose sanctions. |
| Disadvantages: | One party may negotiate a settlement out of fear or lack of knowledge that is less than they could have achieved through another process. There may be legal, financial, tax or parenting negative outcomes that could have been avoided with professional help. | Mediation is not suitable for cases that involve domestic violence, and may not be effective if either party is unable to negotiate due to substance abuse, psychological impairment, or intractable desire for revenge. | See the Sections on Mediation and Arbitration. | There is limited recourse if someone does not like the decision of the arbitrator. Either party can ask for a court hearing under certain circumstances. If that happens, they essentially start the case over, this time in court. | If the process breaks down, both attorneys are off the case and the parties need to start over with new attorneys. | Litigation is an adversarial process that can be very expensive. The parties have less control over the process and the outcomes. It is the option that is typically the most damaging to relationships.aging to relationships. |