Alternate Dispute Resolution

McCurley Orsinger McCurley Nelson & Downing, L.L.P. is committed to resolving disputes without litigation when possible, and there are a number of methods our attorneys utilize for this purpose.

Mediation, the most common alternative dispute resolution method, involves the service of a neutral mediator, usually a lawyer with family law experience, who assists both sides in resolving their differences. The process is confidential, so that both parties may be allowed to speak freely without the risk that, if mediation fails, one party may attempt to let the court know what happened during the mediation session. If mediation is successful, the parties may enter into a written mediated settlement agreement, which is binding on the parties, subject to the subsequent entry of a formal court order containing the essential terms of the agreement. Mediation is often successful, even in contentious cases, because it gives the parties the power to craft their own agreement and to thereby eliminate the risk that the court might make a ruling that is not desirable for one or both parties.

In recent years, many people have elected arbitration as an alternative to litigation. While arbitration is less formal than litigation, it still requires trial-like preparation, and at the present time there are many uncertainties in the law about how arbitration works in family law matters. A significant difference in arbitration and mediation is that the arbitrator has the power to decide legal issues whereas a mediator does not. McCurley Orsinger McCurley Nelson & Downing, L.L.P. attorneys are experienced in the arbitration process and have represented clients in both trial and appellate courts on arbitration related issues. If you are considering, or have signed an agreement to arbitrate, our firm can provide valuable assistance.