In almost every case there are efforts to resolve property, child support, child custody and other related issues before a case is filed with the court. Settlement is less expensive financially and emotionally than litigation. Furthermore, settlement affords the parties the chance to make their own decision rather than have a third party impose a decision on them.
However, what happens when a spouse refuses to settle? When a spouse refuses to discuss or engage in settlement, that leaves the other spouse with a limited set of options to move things forward towards a resolution:
- Start Litigation
- Propose other dispute resolution processes
- Wait
- Mediation: Mediation is a dispute resolution process that involves a third-party neutral person to help you and your spouse settle your case. Mediation can occur with or without lawyers involved.
- Arbitration: Arbitration is a process whereby the parties hire a private person, usually a lawyer, to decide issues in their case. Essentially, think of this process of hiring a private judge where your business will be private and not in the court system.
- Collaborative Process: This si a relatively new approach to settlement. In this process, you, your spouse and the lawyers meet several times in a friendly setting to share paperwork, talk about differences, and try to work to a final settlement. In this process, the attorneys you and your spouse hire are prohibited from later representing either of you in court if the collaborative process is not successful.