Can You Avoid a Family Court Trial?

Going through a separation or divorce can be stressful enough without the added pressure of preparing for a family court trial. Fortunately, a resolution does not always have to be fought out in court in front of a judge for spouses to reach an agreement. There are several alternative dispute resolution methods available that allow couples to negotiate, mediate or arbitrate the issues in dispute.

By avoiding the trial process, both sides could save time and money and have more control over the final outcome, but that does not mean that they have to give up their legal rights. Avoiding the trial means looking at other practical ways to solve the dispute before the matter is taken before a judge to obtain a binding decision.

Start With Open Negotiation

Negotiation is often one of the easiest ways to settle disputes. Spouses, usually with the help of their lawyers, can work to discuss the issues on which they are unable to come to an agreement.

The issues are typically property, spousal support, child support, parenting schedules or decision-making responsibilities.

The best aspect of negotiation is that it is a flexible process. Rather than asking a judge to grant a decision, both sides can work to come up with a plan that suits their unique situation.

Successful negotiation requires both sides to be willing to compromise, as well as each side to have the financial information and legal knowledge that they need for the process.

Consider Mediation

Mediation could be a good option for couples who want to avoid trial. This dispute-resolution process uses an impartial mediator to help the couple identify the issues, as well as possible areas in which they could come to an agreement.

Unlike a judge, the mediator does not make decisions for the couple. Mediation can be a good option when spouses have multiple issues that they need to solve and are able to communicate effectively.

It could also be a suitable option for matters that would be difficult to litigate in court.

If a settlement is reached, it can be documented in an appropriate legal document as requested by the couple to formalize the resolution.

Arbitration Can Provide a Decision Without a Trial

Sometimes, spouses are unable to reach an agreement through either negotiation or mediation, but still want to avoid the hassle of a trial. Arbitration can provide an alternative to court time. In this process, the sides that are in disagreement agree to ask a trusted third party to decide their dispute by making a binding decision on the issues.

The process for arbitration can be more flexible than traditional litigation depending on the circumstances of the case and the enforceability of the resulting arbitration decision.

Arbitration could be a good option for the sides that need a third party to make a binding decision, but want to avoid the traditional process of going to court.

Work With Your Lawyers

Having lawyers does not necessarily mean that a dispute will be taken to court. A family lawyer can be helpful in a number of different ways to help a couple reach an agreement without having to go through a trial. A lawyer can help them understand their rights and what risks they could be taking, assist in negotiating and reviewing the financial information for the couple.

A lawyer can also advise the side on whether or not a potential settlement offer is reasonable before they agree to terms. This is particularly important in matters in which the value is high or involves issues such as businesses, real estate, investments, pensions or spousal support.

Make Financial Disclosure a Priority

Financial disputes can become problematic when one, or both, of the sides in a dispute do not know the complete picture of the financial standings of their family.

By making financial disclosure a priority, negotiation can become a much more efficient process. Based on the situation, financial information may include details about the couple's personal accounts, investments, real estate, pensions, businesses, debts, taxes and incomes.

Having the appropriate information can help make sure that a realistic settlement offer is being discussed.

Trying to settle disputes without knowing the whole financial picture can bring about issues down the road.

Focus on the Issues That Actually Matter

Not all disputes are as important as they seem. Both sides should be sure to identify the issues that must be fought over from those that could simply be solved with a few concessions from both sides.

Parents could, for instance, find it difficult to agree on a parenting schedule, but realize that both want the children to be able to maintain stability and relationships with both parents. This could help make it easier to come to a workable agreement.

Similarly, spouses could be willing to negotiate over a financial matter if they receive financial certainty.

A willingness to focus on what matters can help them reach an agreement faster.

Parenting Disputes May Require Special Attention

Avoiding a trial could be particularly beneficial for parents. Court time can be a stressful experience for both the parents and the children. Parents could discuss and work to come to an agreement with lawyers, mediators, parenting professionals or other professionals, as needed.

The interest of the children should always be the priority for parents. Whatever arrangement is made should be flexible and practical to accommodate the needs, wishes and changing life circumstances of the children.

What If Settlement Efforts Fail?

While many disputes could be settled without trial, not all disputes could. Negotiations, mediation and arbitration may not work in solving a couple's disagreements. Sometimes, one side may also not want to take part in settlement discussions and fail to provide the information that the other side needs to be prepared for court.

Starting the settlement process does not mean that neither side can continue on to court. Your lawyer can help you understand when it is time to continue trying to settle the dispute and when it is time to begin the litigation process.

Avoiding a Trial Can Give You More Control

The main benefit of avoiding the trial process in a dispute is that the sides have more control over the outcome. A judge must make a decision based on the facts and law of the matter. Negotiating parties have the chance to come up with a unique solution that may not have been considered by a judge.

A negotiated settlement also allows for more privacy and certainty. Rather than waiting for a trial date and the court to make a decision, the parties could reach an agreement in the time that is convenient for both sides.

Get Advice Before Agreeing to Anything

Avoiding a family court trial can be a smart approach, but rushing to reach an agreement should not be. It should be understood what each side is giving up and what they are gaining before signing anything. Independent legal advice could help each side understand their choices so that they are not agreeing to something they are not comfortable with.

A lawyer can also assure that the parties know that they have all the information that they need before reaching a final decision. Ultimately, most disputes can be successfully settled without trial. A combination of negotiation time, mediation, arbitration and professional advice can help provide a couple with practical ways to work through the matter and find a compromise that works best for them.