When settling legal problems involving family members, it is often a good idea to consider Alternative Dispute Resolution methods. These are a less stressful, less expensive, and more efficient way to solve disputes than litigation. These procedures may also provide opportunities to resolve a dispute before a court case is filed.
Mediation
A mediator is a neutral third party who is trained to assist families navigate their conflicts, especially those centered around divorce and separation issues. A mediator will encourage communication, promote understanding, and attempt to identify areas where compromise can be achieved.
Collaborative Law
Collaborative family law cases involve a team of professionals, including lawyers and mental health providers, who work together with the parties to develop an agreement that is acceptable to everyone involved in the case. This process can be very helpful in resolving family problems that have been a source of conflict for years and can help to prevent them from becoming worse over time.
Arbitration
When an issue is not resolved by negotiation or collaboration, it might need to be tried in a court of law. In the event of a contested matter, it is possible for the judge to appoint a private judge to hear the case and make a decision that will be binding on all parties.
In many situations, a private judge is much cheaper than going to trial. Besides saving money on the costs of hiring a Miami family law attorney and a courtroom, private judges are usually more flexible than a regular judge and can work faster and more efficiently.
Settlement Conferences
A settlement conference is a hearing at which the parties to a family case meet with a judge to try to resolve their differences. During a settlement conference, the judge will hear the evidence presented by each party and help the parties decide whether to go forward with a trial or settle the matter.
Generally, it is possible to settle a matter through a court-sponsored mediation program in our state and federal courts. However, it is always best to consult with an attorney before signing any agreements at a settlement conference.
In addition to the services that are offered by our local courts, other state and federal agencies offer different ADR programs to encourage settlement. These procedures are sometimes called conciliation, mediation, or arbitration.
The process of settling a dispute through a mediation process involves a series of sessions with a neutral third party, called a mediator. These sessions are held in a comfortable, confidential setting where the mediator can assist the parties in finding solutions to their conflict.
If a full or partial agreement is reached, all of the agreed upon terms are recorded in a document and signed by all parties involved. Eventually, these documents must be filed with the court to register them and make them legally binding.
When an inheritance dispute arises, it is a good idea to bring the heirs to the table and negotiate solutions. Although it is not uncommon for siblings to disagree over inheritances, this can be easily avoided with a little care and attention. A divorce & family lawyer in Miami can help the heirs to avoid conflict, preserve their relationships, and ensure that everyone gets what they are entitled to.
