If a divorce is already being settled outside of court, settling an estate dispute during divorce outside of court may be a natural next step. If divorcing couples can agree on it, alternative dispute resolution offers a way for the parties to come to a structured decision without a court’s involvement. No matter the estate size, litigation attorneys can help.
Options for Alternative Dispute Resolution
In the state of Georgia, divorcing parties have many options for alternative dispute resolution. The method chosen depends on the nature of the estate and on the relationship between the parties themselves.
Mediation: In mediation, the parties agree to communicate their needs and proposals with the help of a mediator, who acts as a neutral third party and guides the (ex)spouses and their counsel to make mutual agreements. This is a good option for parties who may already have an idea about how an estate should be handled, but struggle to communicate their opinions and wishes with each other.
Arbitration: Arbitration differs from mediation in that, instead of parties coming to mutual terms to make decisions, the parties waive the right to go to court and agree that an arbitrator they select will make all final decisions regarding the dispute, in the same way a judge might. Decisions are binding, as if they were made in a court, and cannot be appealed. This option may be best for parties heavily disputing aspects of the estate and who are unable to come to an agreement on their own.
Collaborative Law: Collaborative law is becoming extremely popular in divorce cases and it can also work well for estate disputes. In collaborative law, all parties enter a contract in which they agree to disclose all the necessary information needed to come to a decision , and in which they agree to work together to come to a conclusion. If parties are ultimately unable to agree, the process must start over from the beginning with new evidence and under new representation.
Potentially high stakes in an outcome give counsel and the parties a strong incentive to reach an agreement. Mental health and financial experts are allowed to be involved in the proceedings. To participate in collaborative law in Georgia, all representation involved must be trained in collaborative law under the collaborative law institute of Georgia (CLIG).
How to Settle with Alternative Dispute Resolution
If you believe that alternative dispute resolution is the best way to solve your divorce dispute, it’s simple to get started.
- Agree with other parties to settle the dispute using one of the above alternative dispute resolution methods.
- Seek out ADR representation. If considering collaboration, be sure to find attorneys that are certified.
- Gather the necessary evidence to support your position. Your attorneys will be able to help you do this.
Litigation Attorneys in the State of Georgia
If you find yourself in an estate dispute with your divorcing partner, the attorneys at Gaslowitz Frankel have the necessary experience to help both parties negotiate the terms of their estate.
Fill out our contact form for free consultation.
Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, and more in complex fiduciary disputes involving wills, estates, and trusts.
