Alternatives to Litigation in Rockville, MD

Legal family matters do not always have to go to the courts. Fait & DiLima, LLP can help provide alternatives to litigation.

Why Choose an Alternative?

Do you really want to go to court with your personal and family problems? You can bring divorce proceedings, alimony, child custody, and other issues in front of a judge to get a final decision on all the disputed areas. Or you can consider alternatives which resolve the same issues more quickly and cost effectively, and the details of your divorce won’t become public record as with a court hearing.

The primary benefit of avoiding litigation is you remain in control of the outcome. Nothing will result unless you and your spouse both agree.

Collaborative Divorce

Usually costing less than litigation and having a calmer atmosphere, this alternative may involve other professionals such as child specialist, financial planner, therapist who act as divorce “coaches” for the parties. Group meetings are held with the spouses, attorneys and sometimes the coaches and/or other professionals. Everything is done in the meetings. Clients agree to disclose all financials and to not threaten to go to trial. Sometimes collaborative divorce fails, sending everyone to court and having to begin anew with new counsel.

Mediation in Maryland

Another alternative to litigation is mediation, available in all cases. It is a simple forum where both parties, with or without their attorneys, sit down and begin to negotiate the issues they face. Mediators are third parties who are there to facilitate the meeting and agreement. They do not have the power to decide anything themselves. If you have filed a case, the court will order mediation.

You do not have to push yourself into a compromise. The mediator is neutral and unbiased. The mediator’s role is to guide all parties toward fair and amicable decisions on the different issues in their matter. The goal is a win-win, rather than one side winning over the other. If the mediation does not result in a mutual agreement between the parties, you must rely on litigation. After the mediation process, the mediator cannot be called to bear witness in judicial proceedings, so the information discussed is kept confidential.

Arbitration

Arbitration is similar to mediation because another party is involved in helping reach agreement without having to go to court. The main difference is that an arbitrator has the power to make final decisions after hearing the testimonies from both sides (if it’s “Binding Arbitration”).

Arbitration is more relaxed than court in terms of rules of evidence. Think of it as a less formal courtroom that serves the same purpose at a lower cost. The parties involved can choose their arbitrator. Usually, it is a mutually respected family lawyer or even a retired judge with relevant experience. We at Fait & DiLima have years of experience as mediators and arbitrators who work toward amicable agreements.

Benefits of Avoiding Litigation

The primary benefit of avoiding litigation in family matters in Maryland is you remain in control of the outcome. You do not need to depend on the court or convince a judge.

You get more privacy in resolving the matter. Going to trial means the details become public record.

Reaching mutual agreements creates less conflict and hostility between the parties. That creates a better atmosphere for the future.

Things can get resolved faster by avoiding litigation as well. And you get to save money.

Schedule A Consultation Today

Are you looking for alternatives to litigation? It is best if you can avoid the court. Conflict can only cause more trouble.

If you need experienced mediation or other alternatives to litigation, we are available at Fait & DiLima, LLP.

Contact us through our online form or give us a call to book your consultation.

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Common Alternatives to Litigation Questions Answered