Divorce: What Happens if I Can't Get Him/Her to Settle?
By: SullivJe | Posted: 19th May 2010
If you are in the middle of a divorce, you should remind yourself that these things are not easy. It requires time, patience, and most of all, compromise.
Unfortunately, there will always be some cases that do not settle in mediation.In the event that you run into this problem, there are of course alternatives:
-Arbitration. One of the least common, but still viable, alternatives is the process of arbitration. Here, each side provides evidence and arguments for certain rights and property, while a neutral third-party makes the final decision. The arbitrator's decision is binding, and for all practical purposes not appealable.
-Collaborative Divorce. During this type of proceeding in Marietta and elsewhere in metro-Atlanta, you and your spouse work with your attorneys in a neutral setting and seek a resolution of the issues in your divorce. In the Collaborative process, there are professionals available to assist as needed, such as divorce coaches, child specialists, mediators, and financial consultants.
-Litigation. This process is often chosen in a Marietta divorce when a spouse needs protection, such as a restraining order, or when substantial discovery is needed in order to obtain financial information. While there are still settlement opportunities during litigation, ultimately if there still is no settlement, a judge will decide the issues. In rare cases, one or both parties may request that a jury decide certain issues, such as property division, child support, and alimony.
Hopefully with the help of an attorney, you will be able to decide which of these methods is right for you.
This article is free for republishing
Printed From: http://www.goinglegal.com/divorce-what-happens-if-i-cant-get-himher-to-settle-1556987.html
Back to the original article
Tags: rare cases, viable alternatives, final decision, financial information, compromise, restraining order, child support, mediation, litigation, financial consultants, alimony, arbitrator, arbitration, proceeding, collaborative divorce, mediators