Family Law
Family Law / Alternatives to Trial
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Alternatives to Trial
Not every case must go to trial. Most often, the best results are achieved as a result of out-of-court procedures.
Such procedures may include negotiation, mediation, or arbitration. The Law Office of Cheryl A. Miller, P.C. believes that,
in most instances, a party should first attempt to resolve their issues without court involvement. Not only does this process
generally save a party considerable sums of money, but the party then has control over the outcome of their case.
Negotiation
Mediation
Arbitration
Negotiation
Negotiation is an informal process whereby the parties with or without the assistance of counsel attempt to resolve their differences. Negotiations may occur through verbal conversations, written communications, face-to-face meetings or a combination of any of the above. Once agreements are reached, the agreements should be reduced to writing and submitted to the court for approval.
Mediation
Mediation is a process whereby the parties meet with a third party who is neutral and the third party attempts to help the parties resolve their differences and reach an agreement. It is important to know that this third party does not represent either party and cannot provide legal advice to either party. Thus, if you mediate your case without the assistance of an attorney, you may be giving up rights that you did not know you had or may enter into agreements that do not conform to the law and may not be in your best interests or the best interests of your children. A written and signed mediation agreement can be enforceable. Thus, if you mediate without an attorney, you might want an attorney to review the agreement before you sign it.
Arbitration
Arbitration is similar to a trial. In arbitration each party presents the issues in the case to the arbitrator. The arbitrator then makes a decision that is binding upon the parties. Arbitration is generally a quicker and less expensive alternative to trial.
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The Law Office of
Cheryl A. Miller, P.C.
7600 E. Arapahoe Road,
Suite 201, Centennial,
CO 80112
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