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Albuquerque Alternative Dispute Resolution Services

Litigation is an inherently contentious process to go through. It’s costly. When it involves the sensitive issues involved in a divorce, that confrontation can leave deep personal wounds. Wouldn’t it be better if the spouses were able to resolve their differences without going to court? That’s not always possible, but our system has thankfully created mechanisms to facilitate resolutions of differences. That’s the goal we aim at with our Albuquerque alternative dispute resolution services. 

Arrange for a free 15-minute consultation with ABQ Facilitation by clicking here. 

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Types of Alternative Dispute Resolution

If spouses and their lawyers are unable to reach a settlement agreement through direct negotiations, there are two primary means of alternative dispute resolution—mediation and arbitration.

Mediation is the first one to try. The spouses agree on a mutually acceptable mediator who will oversee their negotiations. The mediator does not have the power to impose a settlement, or any aspect of the settlement. What the mediator—also called a settlement facilitator--can do is try and open up lines of communication, look for solutions that the parties involved may not be able to see, and generally help the parties push beyond the impasse. 

Spouses retain control. They decide who the mediator is. The session(s) are held at a time mutually acceptable to both of them. Everything discussed is confidential. An unfortunate reality of divorces is that sometimes things get said and done that neither spouse wants to become public knowledge, especially if children are involved. Court proceedings are matters of public record. Mediation, on the other hand, is private. 

Bernalillo County believes in mediation so strongly that spouses who do go to court are mandated to have at least tried mediation. Attorney Cortez’s commitment to mediation is underscored by the fact that she offers free mediation sessions to those who can’t afford a lawyer. She hosts Mediation Mondays at the Second Judicial District Court in Albuquerque. 

Commonly Asked Questions

What are the benefits of choosing mediation over court proceedings?

Mediation offers several advantages over traditional court proceedings. One of the primary benefits is the confidentiality it provides; discussions during mediation are private, unlike court cases which are public records. This is particularly important for couples with children, as it helps protect their privacy. Additionally, mediation allows spouses to maintain control over the outcome, as they can choose their mediator and set the schedule for sessions. This collaborative approach often leads to more amicable resolutions, reducing stress and emotional strain during an already challenging time.

What should I expect during a mediation session?

The mediator will start by explaining the process and establishing ground rules to ensure respectful communication. Each spouse will have the opportunity to express their views and concerns. The mediator will facilitate the conversation, helping to identify common interests and potential solutions. It's important to remember that the mediator does not make decisions for you; rather, they assist in guiding the discussion toward a mutually agreeable outcome. The atmosphere is typically less adversarial than in court, promoting collaboration.

Why is mediation a recommended first step in divorce proceedings?

Mediation is often recommended as the first step in divorce proceedings because it encourages cooperation and communication between spouses. This approach can lead to more satisfactory outcomes for both parties, as they have a hand in crafting the terms of their agreement. Mediation can also minimize the emotional toll of divorce, as it fosters a less adversarial environment. By resolving issues amicably, couples can maintain a more positive relationship, which is especially crucial when children are involved.

Client Reviews

    The tireless work that Michelle Cortez provided was by far the most professional, compassionate, and efficient experience.

    - Sonya

    Michelle is a very passionate lawyer who puts in the work at every stage of a case to setup good results for her clients

    - Daniel

    I would highly recommend her to anyone!

    - Jeanette

    If you are looking for a fair and efficient mediated resolution to your legal issues, I highly recommend you contact Michelle.

    - Pamela F.

    She is thoughtful, fair, and will listen to both parties with care, concern and the upmost respect for you.

    - Anney S.

    I have 100% faith that things will get better for my children and I with her help.

    - Rena P.
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When Mediation Doesn’t Work

Even if mediation doesn’t produce a settlement that both spouses can live with, there’s still one more path to try before going to court. The couples can use arbitration. They retain many of the benefits of mediation—the ability to mutually determine the third-party arbiter, the flexibility to control the scheduling, the confidentiality of what’s discussed, and the cost-efficiency that comes with fewer hours being required than in a court of law. 

The significant difference is that the couples do give up their power to veto any settlement. The arbitrator has the power of a judge to make final decisions and have those decisions be given the binding power of law. But while this is not ideal for a couple, it can still be preferable to litigation.

Let ABQ Facilitation Help

Attorney Cortez has been providing Albuquerque alternative dispute resolution services for a long time. That experience has given her strong working knowledge about how the process can work and how to get pass difficult issues. That same experience has also given her a deep personal compassion for the spouses involved. She’s not here to judge anyone. She’s here to help spouses get through this period in their life and look forward to a better future.  

Contact Us Today

Our experienced attorney will help you reach an amicable settlement while also staying out of court.

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