Forms of Dispute Resolution
Finding the Best Divorce Resolution Strategy - Austin, Texas
No two divorces are ever the same. While some can be resolved between the parties, others are better suited to a traditional litigation approach. At the Law Office of Tim Whitten, we will help you find the divorce resolution strategy that is best for achieving your goals in light of your circumstances.
Austin attorney Tim Whitten has been certified as a Family Law Specialist by the Texas Board of Legal Specialization. While we are fully able to handle tough adversarial litigation and trials, we recommend our clients explore more cooperative options first. To meet with one of our attorneys, call 512.782.2289 or contact us online.
Our firm offers divorce resolution strategies such as:
- "Kitchen Table" Agreements: In some cases, especially if there are no children and few marital assets, couples can resolve their divorce with a handshake agreement at the kitchen table. We can assist you with the necessary documents to make your agreement legal, and can advise you on whether the settlement is enforceable and legally in your best interest.
- Collaborative Law: This process allows both parties the time and flexibility to work together towards a settlement of their case, without court intervention. Both parties must agree to handle their case collaboratively for it to work, and it’s preferred if both parties hire trained collaborative lawyers, and agree on the use of other collaborative professionals at the start of the case. This process includes more input from the clients and results in more creative settlements, which leads to happier clients.
- Divorce Mediation: This is a hybrid method for dispute resolution, as it shares the benefits of collaborative law, in that it gives the parties control over settling their own case, but it is handled in one day or less, much like a court hearing would be, so it provides a quicker resolution to a case than collaborative law. Only the parties, their attorneys and the mediator are permitted in the mediation, because it is a private and confidential process. We are trained mediators and we are experienced at mediating highly complex legal disputes. Like collaborative law, it is more satisfying to the clients to participate in mediation, as they are empowered to make decisions about their lives. Who better to make such intimate decisions as where your children live, and what happens to your home, than you?
- Negotiated Settlement: Your lawyer and your spouse's lawyer meet together to come up with proposed plans, then bring them back to you for approval. Often, lawyers attempt to negotiate a settlement while preparing for trial.
- Trial Litigation: This is the process most people think about when they first consider divorce. What you may not know, is that the litigation process is essentially a balance between attempting to settle your case while at the same time getting prepared for a contested evidentiary hearing. This means you might spend a lot of time and money preparing for a hearing that ends up settling on the courthouse steps. These settlements are often rushed and result in an incomplete agreement on all the issues, which leads to unhappy clients. Even if the case does not settle and ends up in court, clients are often dissatisfied with the answer they get from the judge, and feel abused by the process itself.
To schedule an appointment with an attorney at the Law Office of Tim Whitten, call 512.782.2289 or contact us online today.
