What methods of alternative dispute resolution can be used in a collaborative divorce?
In Mississippi, collaborative divorce is an alternative to traditional divorce proceedings. In a collaborative divorce, both parties agree to work together to resolve their dispute without court intervention. As such, the parties involved have the opportunity to utilize various forms of alternative dispute resolution (ADR). One form of ADR utilized in collaborative divorce is mediation. During mediation, a neutral third-party mediator, such as an attorney or mental health professional, assists the parties in reaching an agreement on issues such as property and asset division, alimony, and child support. Another form of ADR that can be used in a collaborative divorce is arbitration. During arbitration, the parties involved select an arbitrator to hear their dispute and issue a binding decision. The parties have the chance to present evidence and arguments in support of their positions and the arbitrator will then render a decision. The parties may also choose to use negotiation as a method of ADR. Negotiation involves the parties meeting face-to-face in an effort to come to a mutually acceptable agreement. The process can be conducted informally or with the assistance of attorneys. Finally, the parties may choose to use a form of ADR known as collaborative law. This process involves the assistance of specially-trained attorneys, who will work with the parties to develop a mutually acceptable agreement. This process is typically less adversarial and more focused on problem-solving. Overall, collaborative divorce provides the parties involved with the opportunity to use various forms of ADR to come to a resolution that is satisfactory to both sides.
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