Mens Family Law & Divorce Attorneys San Diego

San Diego Alternative Dispute Resolution for Divorce,
the Lawyers Who Can Make a Difference

When people face the prospect of a divorce, they often hesitate to get started on this unfortunate but necessary process because they do not want to become involved in litigation that could take years to complete, that could permanently divide the parties and any children involved and that could all but liquidate their assets for legal costs and court fees.  Therefore, several new developments in the law have been formulated in recent years to help people end their marriages quickly and in a civil manner.  Below is a brief look at a few of these options, but before you agree to any of them, seek the advice of San Diego divorce alternatives lawyers.

Mediation

Mediation would be considered the ‘oldest’ form of alternative dispute resolution when it comes to divorce.  In divorce mediation, the parties get together and work towards negotiating a settlement of all of the issues that need to be clarified before an agreement can be presented to the family court for final dissolution of the marriage.  The parties work with an impartial third party who is trained to help the spouses move forward in their negotiations in a calm, civil and efficient manner.

Private Judges

One of the newly emerging strategies to avoid the time and expense of a litigated divorce is a notion known as private judge divorce.  This arrangement is basically a simplified version of a litigated divorce whereby each party has legal representation and their cases are presented to a ‘judge’ who is hired upon agreement by both parties.  This private judge is usually an attorney, and the overall goal of this approach is to move towards an agreement that can be presented to the family court for dissolution of the marriage.

Cooperative Divorce

Cooperation and communication in divorce is critical strategy that helps parties to a divorce move towards a solution and to avoid the fallout from litigation.  In a cooperative setting, the two parties basically meet with or without divorce attorneys present so that they can work together to resolve their problems.  The parties up front agree not to sue each other for divorce.  They agree to work out their problems first so that they don’t have the anxiety and concern about a divorce lawsuit hanging over their heads.  When the alternative dispute resolution is in place and an agreement results, then the parties will agree upon who will be the Petitioner and when the papers will be filed with the court.

While these emerging strategies for completing a divorce all show promise, the underlying reality remains – if you are a husband and/or father that wants to be sure that your rights are properly protected, you need to take proactive steps to do so regardless of the type of dispute resolution you’re considering.  Contact the San Diego divorce alternatives lawyers at the Law Offices of James D. Scott today to schedule an initial consultation.