Mediation & Arbitration

We encourage working out marital disputes through alternative dispute resolution.

The courts can cause a dispute to turn into a lengthy, expensive proceeding. Turning to mediation and arbitration can reduce or eliminate the need for extensive court time and frustration. Dunsmore & Benson’s attorneys have experience in resolving marital issues with these methods.

We make use of collaborative law, arbitration, and mediation to aid in divorcing spouses reaching a mutually-acceptable compromise out of court. All involved are expected to agree to attempt in good faith to reach an agreement for an amicable settlement without involving the court. Some of the possible forms of out of court approaches include:

• Mediation – our mediation attorneys will work with consenting parties to work toward a resolution that is mutually agreeable, with an aim toward the possible result of a settlement agreement that is legally binding.
• Arbitration – an arbitrator, which is a neutral party, listens to both sides of the situation, considers all the information that is relevant, and offers a final decision, which is generally binding only if the parties agree.
• Binding arbitration – same as arbitration, above, except that the arbitrator’s final decision is legally binding.
• Collaborative law – a participation agreement is entered voluntarily by the parties. This defines the process, and aids parties in working toward resolution with differences minimized. The attorneys of Dunsmore & Benson will ensure the agreement is followed and Alabama law is regarded.
• Other methods of alternative dispute resolution – negotiations and other approaches may be used to aid in settling marital disputes out of court.