While court action might appear to be the only option available for resolving family law disputes, there are several ways to reach settlement agreements without going to court. The only preconditions for avoiding litigation are that both you and your adversary should agree to meet and be willing to make compromises.
Out-of-court settlement of family disputes can be beneficial to you in many ways. For starters, you don't have to worry about a judge deciding against you because you'll be directly involved in determining the outcome of your dispute. You can also keep your dispute private because the negotiations will take place behind closed doors rather than in front of a judge. Settling out of court also often results in faster and cheaper dispute resolution by avoiding lengthy and potentially expensive court processes.
If you're considering settling your family matter out of court, there are things you can do to prepare for a successful settlement agreement. These include the ones highlighted below.
Weigh Up Your Settlement Options
As already pointed out above, there are many options for settling your family dispute without going to trial. The most common options for settling out of court include negotiation, arbitration, mediation, and collaborative process.
Each option has specific pros and cons that must be carefully reviewed in order to determine which is right for your situation. Choosing a suitable settlement method for your specific situation is the first step to ensuring a successful settlement agreement.
Allow A Fair Settlement Process
For an out-of-court settlement process to be effective at resolving a family dispute, it must be regarded as fair and unbiased by both parties to the dispute. Regardless of the settlement approach that you're taking, seek ways of making it acceptable to both you and your adversary.
Identify Your Key Interests
One of the main reasons it takes too long to settle family disputes in the courtroom is that many parties don't always know what they really want to get out of a court settlement.
Taking time to create a list of your true interests will help you stay focused while discussions are ongoing. It will also help you determine what you're willing to give up to achieve the desired settlement outcome.
You don't just require the help of an attorney when your family law matter is going to court. A family attorney can also advise and guide you when you settle out of court. Don't hesitate to contact them if you want to increase your chances of reaching a successful out-of-court settlement agreement with the other party.
For more information, contact a company like Albert & Krochmal.