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Alternative Dispute Resolution

Mediation

The parties and their attorneys attend an informal and confidential mediation session with an independent, neutral third party, typically also a family law attorney, to discuss settlement. While agreements reached at mediation are generally binding, the mediator does not have the authority to make a binding decision on the issues raised in the litigation and further, cannot testify if the matter reaches trial. Parties often agree to participate in mediation to try and resolve their case prior to a trial, and many courts now require the parties to participate in at least one mediation session prior to a final hearing.

Arbitration

The parties and their attorneys attend a confidential session with an independent, neutral third party whom the parties agree will have binding authority to make decisions regarding their case.

Late Case Evaluation

The parties and their attorneys attend a confidential session with an independent, neutral third party who is an experienced domestic relations attorney and/or judge, who is not assigned to their case. The late case evaluator hears the arguments and concerns of both parties and makes non-binding recommendations concerning settlement based on his or her experience. The point of late case evaluation is to have someone not involved in your case advise you what your outcome at trial likely will be, thereby possibly avoiding a trial.

Collaborative Law

The collaborative approach to family law offers a way to resolve issues incident to a divorce through cooperation, positive negotiation and amicable resolution. Not every case is suited for the collaborative process, but if it is something you think might be right for you and your family, several Boyd Collar Nolen & Tuggle have been specially trained in collaborative law. We are pleased to be able to offer our clients this alternative to litigation.