Honolulu Mediation And Arbitration Attorneys
Getting a divorce does not mean that you and your spouse have to fight against each other through the entire litigation process. Instead of letting things be unnecessarily challenging, there are other options that may benefit you.
At Coates Frey & Hackett, AAL LLLC, we want to help you explore alternative dispute resolutions (ADRs) in divorce. Both mediation and arbitration can help you save time, money and energy in your divorce while allowing you to end your marriage on your terms.
Alternative Dispute Resolution Options At Divorce With Decency Mediation Clinic™
There is a significant trend in legal circles nowadays toward a process called alternative dispute resolution (ADR). This rapidly growing approach includes mediation, arbitration, private judging, and virtually any other approach and process that effectively moves cases toward settlement without conventional litigation. An increasing number of our clients are choosing this alternative in a genuine effort to avoid costly trials and the high price tag that comes with it.
We are firm believers in providing our clients with cost-friendly and timely results. It’s no surprise that we are emphatic proponents and enthusiasts of ADR. Some of our attorneys even staff an affiliate branch of our firm called The Divorce with Decency Mediation Clinic™ which provides an alternative approach to typical divorce proceedings.
Call our Honolulu mediators to discuss your case and alternative dispute resolution opportunities available to you: 808-379-3538. We serve Oahu and neighboring islands.
Divorce With Decency Mediation Clinic™
The Divorce with Decency Mediation Clinic™ is an independent affiliate branch of Coates Frey & Hackett, AAL LLLC. Our clinic currently has several of our most experienced attorneys serving as fully trained mediators on staff, to include our Senior Attorney P. Gregory Frey, who has written the book on divorce in Hawaii.
The Mechanics of Mediation
Mediation is a cooperative, problem-solving process in which a neutral professional (such as one of our properly trained attorneys) assists family members to clearly define the issues that are in dispute in a marital separation or dissolution, and help them reach agreements that are in everyone’s best interests. The mediator does not take sides or make decisions for others, but instead helps participants resolve misunderstandings and communicate more clearly with one another.
All issues involved in a typical divorce, paternity or separation case can be addressed through mediation. Even if the process does not successfully resolve all issues, at least partial agreements can be reached that help narrow the remaining list of disputed matters which can help reduce the overall cost of a case.
Benefits of Mediation
Mediation is becoming increasingly popular among our clients for the advantages it offers. When couples participate in mediation, they benefit by:
- Maintaining control over their own decision-making process. Any agreement reached in mediation is negotiated and mutually agreed to
by the couple and not imposed by a judge or any outside authority.
- Minimizing the potentially harmful effects of divorce on children. When the parents themselves select and hand-tailor custody and visitation arrangements, it is easier to keep children out of the middle of conflicts, and the agreements often run smoothly and amicably going forward.
- Saving time and money. Legal and counseling fees and court costs are minimized by avoiding protracted legal battles.
- Not compromising division of assets. Just because you are working through your issues in a mature and reasonable way, it does not mean that you will be making any compromises in dividing your assets. The law still applies to all aspects of divorce, and you will have access to all the legal guidance that you need, along with a mediator.
- Embracing mediation in the legal profession. It is common for couples to believe that divorce mediation is an alternative method to the legal route. Yet, they can be combined. The American Bar Association collaborates with mediation groups to share best practices.
When couples are willing and able to work through the process together, mediation can prove to be very fruitful and productive for both parties, and for the entire family.
Mediation Is Not for Everyone
Mediation works best when both spouses have accepted and agreed that the divorce itself should occur. Both parties must still be able to communicate openly and should be on a relatively equal footing with one another to take full advantage of the give-and-take flexibility that is inherent in mediation and the negotiation process.
If the parties are still so angry at one another that they cannot productively communicate, mediation probably is not the answer and most likely will not work. Additional factors that challenge the effectiveness of mediation exist within the relationship structure. If there is a substantial power imbalance between spouses, the playing field will probably not be level enough for mediation to work as intended.
Likewise, if there is a knowledge imbalance where one partner knows everything about the parties’ assets and finances while the other knows virtually nothing, mediation is probably not appropriate. Finally, if spousal abuse or domestic violence has been a factor in the relationship, mediation is generally not appropriate. In any case, parties can participate in mediation if it is appropriate to do so “with” or “without” attorney representation and/or participation.