Divorce can be one of the most emotionally charged experiences in life. Litigation during a divorce may become heated and unhealthy when emotions run high, especially when there are disputes over finances, child custody or property division.
Contentious litigation can cause additional stress for both parties and can also have negative effects on any children involved. It can be expensive, time-consuming and emotionally draining.
What are the alternatives to litigation?
When conflict escalates, spouses might feel trapped in a battle where no one wins. However, there are alternatives to this type of adversarial process. Mediation, collaborative divorce or arbitration can provide solutions that help reduce conflict.
Mediation involves a neutral third party who facilitates discussion, allowing spouses to reach an agreement. In a collaborative divorce, both parties work together with trained professionals to resolve their issues in a more respectful way. Arbitration, while similar to traditional court proceedings, involves a private decision-maker who listens to both sides and provides a binding decision.
How can you convince your spouse to explore alternatives?
Convincing a contentious spouse to agree to a less adversarial approach can be challenging. Try emphasizing the financial and emotional costs of litigation, as well as the potential harm to your children. This may encourage them to consider mediation or collaborative divorce.
Highlighting how these methods give both parties more control over the outcome, rather than relying on a judge’s decision, can also help change their perspective. Showing a willingness to negotiate and cooperate may further motivate your spouse to do the same.
There are many situations when litigation is the only viable way forward. However, exploring alternatives to contentious litigation can lead to a more amicable and stress-free divorce process.