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Can mediation or arbitration help with a conflict?

| May 8, 2019 | Divorce

Divorces don’t always go as smoothly as one might like. One minute, you may feel like you’re on top of everything and that the divorce is going as planned, and the next minute, your spouse could be seeking something different from your marital property or be fighting for more custody than you’re comfortable with.

When your divorce is complicated or complex, it’s important to have someone who can work with you and help prevent issues moving forward. No one wants to have the stress and frustration of a long, drawn-out divorce, so learning more about alternatives to going to trial can be a good option.

Both mediation and arbitration are good choices for those who struggle to agree on everything but can agree to most of the terms of the divorce. Both mediation and arbitration help you by keeping you out of the courtroom and bringing you both together to talk through your concerns.

Mediation tends to work better for couples who can sit down together to talk through a dispute, while arbitration is better for those who need more structure and a trial-like atmosphere. Arbitration is typically binding, while mediation is typically nonbinding. In both cases, there is the potential for both parties to be satisfied with the outcome of the case and to move forward with no further conflict over the subject.

If you and your spouse cannot agree to go through alternative dispute resolution, then you will need to go to trial. Your attorney should be prepared to take the case as far as it needs to go to protect your interests.