Pros and Cons of Alternative Litigation (Part A)

Coping with a divorce can be a very difficult time for a woman. There is so much at stake and it can be challenging to understand the process of a divorce, especially when dealing with child custody in Virginia. The process of taking your divorce case through court is known as litigation. Sometimes, there are alternatives to litigation that can be used during a divorce process.

There are pros and cons to alternative divorce litigation in Virginia. However, you first need to understand what qualifies as alternative litigation.

Mediation as Alternative Litigation

Mediation is a form of alternative litigation. This is when a third party works with both spouses to help settle disputes. This is a voluntary process where both parties' interests are considered in order to come up with a solution.

Collaboration as Alternative Litigation

A newer form of dispute resolution is done through collaboration. This is an agreement between you, your husband and a team of professionals that will resolve your differences concerning property settlement and child custody without using the courts and without threatening to take the other to court.

Furthermore, during a Virginia collaborative divorce, there is an agreement that you will treat each other with respect through the process and focus on a resolution that is best for your family.

Collaboration takes place through a series of collaborative meetings. The environment is informal and much more comfortable than a court setting. The professionals that can serve on a collaborative team include not only your Virginia divorce attorney but may also include: 

• Collaborative coach/therapist for each parent
• Child psychologist
• Financial specialist 

The people that make up your team of professionals will depend on the particular issues that are being dealt with in a child custody case in Virginia. Both mediation and collaboration can serve as alternative litigation in a Virginia child custody hearing.

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