Alternative Dispute Resolution

Understanding New York Alternative Dispute ResolutionAlternative Dispute Resolution

Going through a divorce can be a deeply upsetting and confusing experience. Family law is an inherently emotional process, that requires significant forethought and planning to ensure that each party feels prepared for their future by the time the case is over. As a mediator, collaborative law lawyer, child custody attorney, divorce lawyer and litigator, Mr. Shapiro knows that the last thing many clients want to worry about when dealing with a divorce, is having to present their case to the courts of New York. Even in cases where the split may be amicable, moving the process into court can feel like a time consuming and overwhelming process. This is why the legal system has introduced new solutions that allow people considering divorce to choose other options for dispute resolution. Mr. Darren Shapiro has learned the skills required for these dispute resolution solutions, to give his clients more options to choose from.

Alternative dispute resolution proceedings permit individuals to resolve the concerns that occur during the divorce process through a series of informal spousal negations. Often, these negotiations will take place in more welcoming and comfortable places than the court room. The ultimate idea of alternative dispute resolution is to make sure that both parties can come to an agreeable settlement about handling their divorce. Here, we'll look at the two most popular forms of dispute resolution Mr. Shapiro can deliver as a divorce professional from his office in Long Island.

Dispute Resolution and Mediation

Mr. Shapiro is a certified mediator, which means that he can act as a neutral third party for individuals that want him to help them make decisions for the purpose of an uncontested divorce. He does not act as a child custody lawyer or divorce attorney for either party when he is mediating. However, he can become a drafting attorney to put together the mediation conclusion statements and uncontested packages for divorce. Mr. Shapiro can't simply move from attorney to mediator for the couple, but he could become a client's review attorney if they choose to use another mediator.

Mediation is one of the most popular alternative dispute solutions, designed as a voluntary process to bring both parties together to discuss needs regarding child visitation, maintenance, equitable distribution, and so on. Previously, he has found divorce mediation to be one of the least expensive options for his clients in search of optional dispute resolution, and one of the fastest ways to manage family issues and make arrangements regarding finances. Like many forms of dispute resolution, the idea is to get both parties to negotiate agreements for their future. Often, mediation is appealing for parents who want to maintain friendlier relationships for the sake of their children following a divorce. In most cases, mediation is a voluntary process. However, there are instances wherein a court might request for both parties to sit down with a mediator. Of course, court-ordered mediation doesn't happen too often, as it's preferable for both parties to agree to discuss their issues in neutral spaces.

As a mediator, it's Mr. Shapiro's job to support the discussion of terms that are necessary to a divorce proceeding. He is not there to take sides regarding the agreements to be made. Like in collaborative law, mediation gives parties in a divorce the chance to keep hold of their authority regarding decision making, and what will happen next following the divorce. The clients set the agenda, with the help of their mediator, and control the outcome. Mr. Shapiro's task is simply to help both parties come to a resolution that's fair and agreeable for both sides. This process can be highly appealing to parties that want to avoid the court room because it's both flexible and informal. The idea is to help both parties make a decision that impacts their future positively and supports the interests of the children involved. However, it's worth noting that mediation isn't right for everyone, as it's often important for the parties to be able to communicate.

Collaborative Law and Mediation

Parties who feel uncomfortable with mediation or litigation, or feel that their situation isn't right for mediation may choose collaborative law for alternative dispute resolution. Mr. Shapiro can use collaborative law as a child custody lawyer and divorce attorney, as a sort of "halfway" point between mediation and litigation. Collaborative law gives the decision-making process back to the parties, and asks both clients to retain separate, collaboratively trained attorneys, like Mr. Shapiro, who help them to make decisions regarding the concerns present. Alongside separate attorneys, collaborative professionals like financial experts, and mental health coaches can be enlisted into a collaborative team. Like mediation, a collaborative process should be a voluntary experience for both parties, where both clients retain the ability to make their decisions for themselves. Like mediation, collaborative law can be a more flexible and informal process, capable of being adapted to the needs of the parties in question. One of the most significant benefits of collaborative law, is that it allows the parties involved to control their divorce outcome.

As Mr. Shapiro reminds his clients when they come to him looking for a collaborative law process. As with many legal processes, the cost of collaborative law cases will vary according to factors like the amount of time each party needs to spend with their attorney, and hourly fees. However, because the process takes place beyond the courtroom, it's more flexible and open, which can make it cheaper than a prolonged litigation experience. Of course, just like with alternative dispute resolution like mediation, collaborative law isn't ideal for all circumstances. Once again, collaborative law will require both parties to communicate with each other to some level, which means that high-conflict cases can be complex to manage. Collaborative law involves using a team of professionals, including child specialists, financial neutrals, and divorce coaches to provide the best possible experience for all the parties involved.

To find out more about the collaborative law process, mediation, and alternative dispute resolution cases, please feel free to browse some of our other posts, or contact our principal, Mr. Darren M. Shapiro at your earliest convenience by contacting him through his online form, or on 516-333-6555.

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