Alternatives to Litigation

Common Questions on Alternatives to Litigation

Can you negotiate a divorce settlement without going to court?

Absolutely, the goal is to give parties the opportunity to resolve the highly sensitive and personal issues associated with family law on their own and with guidance.

How do you prepare for the negotiation to increase its chances of success?

Preparing for negotiations is critical to settlement. Equal level of preparation is given to custody and access negotiations but often done through direct discussions with clients to get a full picture of the family status quo.

What are the alternatives to litigation and how does one decide which option to take?

There are various alternatives to litigation which include negotiating a marital settlement between parties with or without counsel, mediation, and collaborative divorce. Having an attorney you can trust to talk through all your options and provide you with information to make a thoughtful and educated decision is the best way for a person decide what is the best option.

What is mediation and how does it work?

Mediation is when a neutral third party is hired by both parties to assist them in crafting a settlement agreement. It is an opportunity for parties to decide how they want to divide assets and property, split time with their children, and work out individual financial obligations.

What makes a divorcing couple ideal candidates for meditation?

In most divorce cases filed in Maryland, the Court orders parties to try mediation. The Court in general prefers that parties reach their own settlements without Court intervention if and when possible.

Can you mediate a case with major power imbalances between the couple?

Most cases with a history of domestic violence are not good candidates for mediation due to the power imbalance. However, there are times when modifications, custody, access and property/asset divisions can be addressed in mediation with counsel even with an imbalance due to abuse or financial disparities.

How long does a typical divorce mediation take?

Cases vary, but in general there are at least two sessions, one dealing with property and asset division and one with custody, access, and child support.

Can you mediate a high conflict divorce?

You can but the results vary. The Court is usually going to require you to try, but oftentimes a high conflict divorce, mediation is a waste of time and money. This is why it is vital to have a knowledge attorney on your side to stop you from being bled out in mediation while literally nothing is being accomplished.

Can you mediate specific issues without having to mediate the whole case?

In some cases, parties can reach an agreement while still requiring Court intervention on some issues.

It is actually very beneficial for high conflict divorce cases to participate in the mediation process. This allows both parties to focus on areas with limited or no conflict, which in turn can make approaching other high conflict issues a bit easier to navigate.

Is collaborative divorce more or less expensive than litigation or mediation?

Both collaborative divorce and mediation can save people going through divorce substantial amounts of money which would otherwise be spent preparing for trial, litigation, and court appearances. In the interest of reducing expenses and saving money, we recommend that you utilize either of these methods.

Does collaborative divorce always work, or does it fail sometimes?

Any negotiation process has its chances of setbacks. Collaborative divorce may not work for everyone, although those who are able to reach a collaborative agreement typically tend to be satisfied with the outcome as well as the money saved from avoiding litigation.

Contact the Rockville and Frederick family law attorneys of Fait & DiLima, LLP today to schedule a consultation and discuss your legal needs. Email our firm or call (301) 888-0905. We have offices in Rockville and Frederick; both are conveniently located near the courthouses.