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Austin Mediation Lawyer

A legal dispute between two parties doesn’t always have to go to trial. Collaborative law involves several types of alternative dispute resolutions that can provide the two parties with mutually agreeable solutions to their disputes at a fraction of the cost and time investment incurred by a court battle. The success of these methods depends on how agreeable and accommodating the opposing sides are willing to be with each other. In a contentious divorce or other legal matter, alternative dispute resolution may not be possible. If you are looking to pursue collaborative law to settle a dispute in Texas, Austin mediation lawyer Abraham Kant can resolve your dispute without going to trial; call him today to schedule your free, initial consultation.

Alternatives to Litigation

There are several aspects of collaborative law, and each has different degrees of formality. Some are more legally binding than others as well:

  • Negotiation. During a settlement negotiation, the two opposing sides and their attorneys meet to settle the dispute out of court. Depending on the nature of the dispute, this may be a very straightforward process that works out well for both parties. By avoiding trial, the two sides save money on legal fees and save time with a faster agreement. Typically, the at-fault party in the negotiation agrees to the other party’s terms for restitution or compensation, and in return, the other party agrees to drop the lawsuit. Once the negotiation succeeds, the two parties draw up an agreement and file it with the court, making it a legally binding resolution.
  • Mediation. This is a more formal version of negotiation in which a neutral third party acts as a mediator. This is a great option during contentious disputes with very clearly defined assets or damages involved. The mediator can help clear the air concerning any ambiguity in the dispute and negotiate a fair solution for both parties. Just like in a settlement negotiation, the mediator and the opposing parties will draw up a finalized agreement after the mediation and file it with the court to make it binding.
  • Arbitration. This method is more formal than negotiation but not quite as formal as a trial. Although the arbitration process is very similar to mediation, arbitration is more binding and typically offers very little opportunity for either party to appeal the arbitrator’s final decision. Nonbinding arbitration still offers the opportunity for one party to take the case to trial, whereas binding arbitration will settle the matter completely.

Arbitration is more complex than settlement negotiation or mediation, and this route is often preferable for couples with vast wealth and many assets or for business partners who decide to go their separate ways. It’s essential for anyone considering alternative dispute resolution to understand the nature of the possible final rulings; some forms of alternative dispute resolution will prevent the parties involved from taking future actions on the issue.

Secure Trustworthy Counsel

Austin family law attorney Abraham Kant has assisted in many successful cases in Texas, touching on every aspect of family law. If you are involved in a custody battle, divorce, partner separation, or other legal matter and wish to explore alternative dispute resolution, reach out to our firm today to schedule a consultation. We’ll review the details of your situation and let you know which alternative dispute resolution methods may work well for you.