Blog Post

3 Types of Alternative Dispute Resolutions for Your Divorce

  • By Admin
  • 16 May, 2018
Dispute Resolutions β€” Marriage Counselling in Savannah, GA
If you have reached a point in your marriage where you know that divorce is imminent, it is important that you retain as much control as you can throughout the process. Fortunately, there are ways you can do this and keep your case out of the court and keep the decisions out of the hands of a judge. To determine which type of alternative dispute resolution may be right for you, review the pros and cons of each.

Negotiation

If you and your soon-to-be ex-spouse are on decent terms, you may be able to simply negotiate the terms and conditions of your divorce on your own. You may choose to talk it out, or each of you may want to write up your own settlement offer. Once decisions are made, a finalized list of the agreements can be drawn up and signed by both parties.  

One of the pros of negotiation is that you have more control over the final product. Negotiation often does not include outside parties, so the terms of your agreement can remain confidential between the two of you.  

Additionally, negotiation is inexpensive. Even if you choose to use a divorce attorney to finalize your divorce, most, if not all, of the upfront work is done, which will save you money in the lawyer's office.  

The cons of negotiation are that it requires both of you to be able to communicate with the other. Divorce can bring about heightened emotions which can block effective communication. When the communication process breaks down, your ability to negotiate is over.  

Negotiation often does not have clear guidelines or time constraints. This means that it can go on forever or feel like you are all over the place. This can be avoided by creating an outline of what needs to be discussed and establishing a timeframe in which it should be accomplished.

Mediation

If you and your spouse would do better with a neutral third party, you may benefit from mediation. This still allows both of you to come up with an agreement but provides assistance to keep you on track and keep the conversation moving in the right direction.  

Like negotiation, one of the biggest pros of mediation is that it is inexpensive, and it allows the two of you to remain in control. Because there is a neutral third party involved, mediation can provide more balance than negotiation. It can keep one person from monopolizing the discussion and bullying the other through a plan.  

Mediation also has its downsides. Both parties must be willing to participate in mediation. It is a give and take process, and if one of you are not willing to compromise, your attempts at mediation will fail.

Collaborative

In the collaborative process, each of you will retain your own divorce attorney and collaborative team. While the collaborative process will still attempt to resolve your differences and keep your divorce out of the court system, the process is much more detailed than the other two.

Your respective attorneys will provide advice and draw up written agreements. Other members of your collaborative team will help to guide you through the emotional and communication difficulties when they arise. The financial members of your team will help to assess value, divide, and even sell your marital assets.

While anyone can use the collaborative process, it is more expensive and more time consuming than the other two options. It is a good choice when there are numerous or valuable marital assets in question.

The law firm of Donaldson & Bell Attorneys at Law​ is well versed in all aspects of the divorce process. We will be happy to review your case and make recommendations on the best process for you.
By Admin 16 Jul, 2018
The decision to initiate a divorce is a hard one in many cases. Before you file, you need to create a plan to stay on top of the process. A divorce is a long process that is emotional and expensive, so be prepared for any problems that may arise. The following are some steps you can take as you prepare to initiate a divorce.
By Admin 19 Mar, 2018
Maneuvering through a divorce is a murky process no matter how you slice it. And if you don’t get proper representation, the court process is also overwhelming and confusing.

Besides the credentials, experience, and compatibility, there are more areas to check before you sign a contract with a divorce lawyer. Consider the following questions to ask a divorce lawyer before you start working with them.
By Admin 30 Jan, 2018
Unlike a divorce, which is a legal ending of a marriage, an annulment is a legal process that basically makes it so the marriage never really existed. While most married individuals understand divorce, many do not know a great deal about annulment, and annulment of marriage can be very different depending on the state where you live.

In the state of Georgia, for example, there are specific reasons a couple may qualify for a marriage annulment. An annulment is only an option in specific situations, so you may or may not be able to obtain a legal annulment. Here is a look at three of the reasons you may be able to file for an annulment in the state of Georgia.
By Admin 29 Nov, 2017
When you hear the words personal injury accident, your mind might jump automatically to car collisions and truck accidents. But slip and fall accidents are nearly as common as car accidents, and believe it or not, they can often result in similarly devastating injuries, especially if the fall causes a concussion or spinal injury.

Below, we'll help you get familiar with slip and fall accidents, including what injuries they cause and what to do if you experience a slip and fall personal injury.

1. Slip and Fall Injuries Can Be Severe

Slipping and falling might paint a comical, cartoonish image in your head, but a serious fall isn't a laughing matter. Some common slip and fall injuries include:

  • Head injuries, including concussions
  • Spinal cord injuries, including broken backs
  • Broken, sprained, or fractured bones
  • Fractured hips
Fractured hips from falls are primarily a problem for the elderly, who may have osteoporosis or other conditions that make them more prone to broken bones. However, slips and falls can happen to people of any age, and depending on where and how you fall, you could experience severe injuries regardless of how old or young you are.

Slip and fall injuries can even result in fatalities, especially if you slip and fall on the job. The Bureau of Labor Statistics reports that 11 percent of worksite fatalities for men and 5 percent of worksite fatalities for women directly resulted from slips and falls.

2. Slip and Fall Injuries Can Happen Year-Round

Slip and fall injuries are most commonly associated with winter, and for good reason — property owners who fail to clear snow and ice away from their walkways or dry up water from heavy rainstorms create very dangerous hazards for all of their patrons. However, slips and falls can also be caused by things like spilled water in the kitchen or grocery store aisle, uneven sidewalks, or trip hazards like loose extension cords.

While it's important to be on your guard during the winter season and take safety precautions like wearing boots with dependable treads, remember that just because the sun is out doesn't mean you're entirely free of potential slip and fall threats.

3. Property Owners Aren't Always Liable for Slips and Falls

Like all other types of personal injury suits, slip and fall cases rest on the victim's ability to demonstrate that another person's negligent behavior caused their injury. In the case of a slip and fall, the victim would have to prove that another person — usually a property owner — was aware of a hazard and failed to take the necessary measures to protect visitors, customers, or houseguests from that hazard.

However, the property owner likely won't be held liable for your slip and fall injury if:

  • You were trespassing at the time of the accident.
  • You ignored slip and fall signage posted around the hazardous area.
  • You were behaving dangerously when the accident occurred.
If you were obeying all rules at the time of the accident and behaving responsibly, and if the property owner was aware of the slip and fall hazard and did nothing to address it, you have a higher chance of winning your suit after a slip and fall injury.

4. A Personal Injury Lawyer Can Help

If you were injured on another person's property when you slipped and fell, get in touch with a personal injury lawyer today. Your lawyer will assess your case and use evidence like medical records, accident reports, and eyewitness accounts to show that the negligent party is liable for your accident and should cover any medical expenses.

Are you in the Savannah area? Donaldson & Bell Attorneys at Law are here to support you after your slip and fall accident. Get in touch online to schedule your initial consultation today.
By Admin 21 Sep, 2017
Most probationary periods require the individual to follow specific rules that were established because of the crime they were found guilty of committing. The individual must also avoid breaking any additional laws during this period of time. In some cases, there could be severe consequences for violating the conditions of probation even if they were unintentional.  

Learn the common probation mistakes and how to avoid them.
By Admin 20 Jul, 2017
If you were injured in accident where the at-fault driver was intoxicated, you have every right to seek damages to cover your medical costs, lost income, and pain and suffering. However, while you can collect payment from the at-fault driver, there may be more people who are legally responsible for your injuries.

Many states, including Georgia, recognize that even though a drunk driver is mostly responsible for the accidents they cause, other parties directly contribute. Bars, clubs, restaurants and other vendors who serve alcohol can influence who they choose to serve and how much patrons drink. Social hosts for private parties can also sometimes be partially liable for accidents.

As such, there are a series of laws commonly referred to as "dram shop laws" or "social host liability laws" that help to define whether or not a business, vendor or host is liable for the injuries caused by a drunk driver. Here's what you need to know about how these laws can affect your personal injury case.
By Admin 09 May, 2017
When a couple goes through a divorce, parental visiting rights are often a priority in divorce proceedings. In addition to the parents of the children, their grandparents also hold rights to seeing the children. The state of Georgia allows grandparents to establish a reasonable visitation plan after a divorce.
By Admin 06 Mar, 2017
Car accidents are never convenient. No one wants to be involved in one and emotions can be high following the incident. However, it is important to remain calm and follow a few simple steps to help your insurance company with the claim as well as any legal repercussions that may follow.
By Admin 03 Jan, 2017
The end of a marriage is a trying time for both parties. When you’re at the start of a divorce, there is a lot that you need to consider. One of the major decisions that you’ll have to make is whether you need a divorce attorney. How do you know when you need one? Well, here are three reasons why you should seek legal assistance.
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