Family litigation exacts a severe toll on both your finances and emotions. Judicial intervention into domestic matters may require invasive home studies, mental health evaluations, questions about your marriage, and a skeptical analysis of your parenting qualifications. Our dedicated family attorneys can often minimize state involvement in family affairs by coordinating private mediation or arbitration sessions.
Our team of Greenwich alternative dispute resolution lawyers could help you reduce the stress, time, and expense associated with domestic legal conflicts. Whether you need help drafting a parental responsibility plan, negotiating a prenuptial agreement, or distributing marital property in a divorce, an out-of-court settlement may be your best option for seeking a resolution.
As the name suggests, ADR is one of several processes for resolving legal disputes outside the traditional oppositional courtroom setting. Parties may elect to attend mediation sessions or agree to legally binding arbitration. In either case, neutral legal professionals coordinate the proceedings, hear evidence from each side’s counsel, and help the parties to resolve their domestic disagreements quietly, quickly, and with less expense.
Mediation denotes the process of sitting down with a qualified mediator, typically a lawyer or retired judge, to discuss legal issues and draft binding settlement contracts. Parties and their attorneys usually meet at a law firm or other private location for one or more mediation sessions. With this type of dispute resolution, spouses and their legal advocates attempt to amicably resolve family disputes but are under no obligation to sign a proposed agreement.
If mediation fails, spouses who want to avoid lengthy divorce litigation may submit to arbitration. During these hearings, qualified arbitrators generally listen to arguments presented by legal counsel, review evidence, consider state domestic relations laws, and issue a legally binding decision. Both parties must agree to arbitrate and may limit the issues before the arbitrators.
Not everyone benefits from engaging in dispute resolution sessions, but many individuals save time, money, and stress by negotiating a settlement rather than petitioning for judicial relief. Our local legal professionals may discuss how the following individuals could benefit from electing alternative dispute resolution in Greenwich:
Our skilled attorneys can also represent individual family members during ADR proceedings just as they would during litigation, coordinate the proceedings, act as neutral mediators, or represent a child’s best interest during arbitration hearings.
Distinct laws apply to common family issues such as child custody, support, and domestic abuse proceedings. Generally, courts must review any agreement involving the care and custody of a minor to ensure it complies with the best interest of the child factors outlined in Conn. Gen. Stat. § 46b-56a. In such cases, co-parents should discuss the legality and availability of alternative dispute resolution with an attorney.
Unique contract laws also apply to marital agreement negotiations, including drafting prenups, postnups, parenting plans, and divorce settlements. In such cases, parties should work with alterative dispute resolution counsel familiar with domestic relations laws. Failure to consider and apply these distinct statutes during mediation or arbitration proceedings may result in an unlawful agreement and subsequent litigation.
Almost everyone can benefit from successful dispute resolution proceedings. Even if you cannot agree on some matters, ADR might limit the issues brought before the family court, potentially shorten domestic lawsuits.
One of our dedicated Greenwich alternative dispute resolution lawyers can discuss the availability of family mediation and arbitration in your case. If you need help drafting separation agreements, developing a parenting plan, or enforcing a marital contract, contact us right away for a dispute resolution consultation.