Divorce is one of the most stressful experiences in anyone’s life. The path taken to finalize your divorce can impact the emotional and financial well-being of you, your spouse and your family. In California, couples facing divorce have options beyond the traditional courtroom battles, and these alternative options can lead to a smoother, less adversarial process.
What is Consensual Dispute Resolution?
In California, the legal system encourages you to explore what is known as Consensual Dispute Resolution (CDR). This approach falls under the broader category of Alternative Dispute Resolution (ADR), which offers a pathway outside the courtroom for resolving divorce related disputes. CDR requires that both you and your spouse agree to engage in one of these alternative processes, such as Mediation or Collaborative Divorce, rather than leaving decisions in the hands of a judge.
Why Consider CDR?
The benefits of CDR are numerous. First, it allows you and your spouse to have more control over the outcome of your divorce. Rather than a judge imposing a resolution on you, you work together to find mutually acceptable solutions. The result is a more personalized and durable agreement that will suit both of your needs.
Additionally, CDR tends to be less adversarial. Divorce is always stressful, but the confrontational nature of court proceedings can exacerbate tensions. In contrast, CDR encourages communication and cooperation, which can be particularly beneficial if you have children, as it helps preserve a more amicable relationship between you as co-parents.
Moreover, CDR is often more cost-effective. Litigation is expensive, with attorney fees, expert fees, and court costs adding up quickly. By opting for Mediation or Collaborative Divorce, you can save money and reduce the financial burden of your separation.
The Role of Attorneys in CDR
One of the important factors in a successful CDR process is selecting the right attorney. Not all family law attorneys specialize in or even support these alternative methods. You should choose a lawyer who is not only knowledgeable about CDR but also believes in its value. A CDR-friendly attorney will guide you through the process, helping you understand your options and supporting you in making informed decisions that align with your individual and collective goals for you and your family’s post divorce lives. Some attorneys are more focused on litigation, either due to personal preference or the financial incentives that are associated with courtroom battles. Litigation drives up legal fees, and attorneys who primarily litigate may not support their clients in considering CDR options, out of a concern about loss of income. Therefore, it is important to seek out attorneys who genuinely support consensual resolutions.
The Importance of Awareness
California courts have recognized the importance of educating divorcing couples about their Divorce Options. In many counties, especially in the San Francisco Bay Area, you and your spouse are required to file a notice regarding the available ADR options as part of your initial divorce paperwork. This mandatory disclosure ensures that people are aware that alternatives to litigation such as mediation and collaborative divorce exist.
The effectiveness of this requirement hinges on whether you fully understand and investigate these options. If you are self-represented, you may particularly benefit from resources like self-help centers, which can provide guidance on CDR.
Divorce is never easy. However, you have choices that can make the process less painful and more cooperative. By considering Consensual Dispute Resolution methods like Mediation or Collaborative Divorce, you can achieve more tailored, less adversarial outcomes that benefit everyone involved, especially when guided by the right legal support.
Lisa R. Murray is an experienced attorney specializing in Consensual Dispute processes like Collaborative Divorce and Mediation. She can help you determine the goals for your divorce and post-divorce life. She can be reached at 650-642-3897.