Mediation And Other Litigation Alternatives

Many people mistakenly think that divorce needs to play out in the courtroom. They believe that it will necessarily involve lengthy, contentious litigation. In light of how divorce is portrayed on TV and in movies, these misconceptions are not surprising.

Thankfully, things don't have to be this way. In fact, couples are increasingly utilizing divorce mediation, binding arbitration and other forms of alternative dispute resolution (ADR). At Denny Kershek Family Law Attorney, we are proud to help clients resolve their divorce and family law issues using methods that are typically faster, less expensive and far less stressful than traditional litigation.

Understanding Your Options For Litigation Alternatives

Alternative dispute resolution is an area of law that often works well for divorce and other family law issues in California. Below, we explain some terms and processes that you may not be familiar with.

Denny Kershek offers the opportunity for both parties to meet with him in order to settle the case. In his role as a mediator, he does not represent either party but rather offers his experience and assistance in informing both parties of their rights and obligations under the law and attempting to provide a global settlement of all issues. Both parties are then encouraged to consult with an attorney of their choice to ensure that the proposed resolution is fair to each party.

A settlement conference is similar to mediation, but with attorneys playing a larger role. It is a series of negotiations in which lawyers for each party present their case to a settlement conference judge. Rather than issuing a ruling, however, the judge works to get parties to reach a resolution through mutual agreement.

Binding arbitration continues along this spectrum, in that it has many of the same elements as a settlement conference. The big difference, however, is that if the parties are unable to reach an agreement, the judge is authorized to make the final decision. Both sides must agree to abide by the judge's ruling before the proceedings begin.

Our firm regularly engages in all three of the processes described above. And although we can also represent clients in litigation, we are able to settle approximately 80 to 90 percent of cases through alternative dispute resolution.

Your Voice Gets Heard, And You Help Control The Outcome

Litigation is a gamble. You present your case as persuasively as possible, but in the end you have only so much control over the outcome. The various methods of ADR give you more control over the terms of your divorce or family law issue because you are involved in the conversation from start to finish.

Questions About Mediation Or Arbitration? Contact Us For A Free Consultation.

Located in Poway, Denny Kershek Family Law Attorney serves clients in San Diego County and surrounding areas. To take advantage of a free initial consultation with a highly experienced attorney, call us at 619-908-1899 or send us an email.