Divorce can be complex and emotional for all parties involved, especially when disputes arise over child custody, parenting time, and property division. While going to court to resolve these disputes is an option, it can be costly, time-consuming, and often leads to a more acrimonious process. Alternative dispute resolution (ADR) offers an alternative to resolving divorce disputes outside of court. This method can be a less expensive, more efficient, and less confrontational way to settle disputes in divorce.
Mediation is one of the most popular forms of ADR in divorce. In mediation, a neutral third party, called a mediator, helps the couple negotiate and reach an agreement on the issues in dispute. The mediator does not make decisions for the couple but allows them to communicate effectively and reach a mutually acceptable resolution. Mediation can be beneficial when couples have a good working relationship and want to preserve their ability to communicate and cooperate in the future. Mediation can also be less expensive than going to court, as couples typically split the cost of the mediator.
Arbitration is another form of ADR that can be used in divorce. In arbitration, an arbitrator is appointed to make decisions for the couple. The arbitrator listens to both sides and creates a binding decision that the couple must follow. Unlike mediation, arbitration does not involve the couple negotiating directly with each other. Instead, the arbitrator makes the final decision. Arbitration can be helpful when couples cannot agree on essential issues and need a final decision by a neutral third party. However, it can be more expensive than mediation, as teams have to pay for the arbitrator’s services.
Collaborative divorce is another form of ADR gaining popularity in recent years. In a collaborative divorce, the couple and their lawyers work together in a non-adversarial way to settle. The couple signs an agreement not to go to court and agrees to disclose all relevant information to get a fair settlement. Collaborative divorce can be beneficial when couples want to maintain a good relationship after the divorce and want to avoid going to court. In addition, collaborative divorce can be less expensive than court if the couple can settle their disputes in a reasonable amount of time.
ADR can offer several advantages over going to court. One of the most significant advantages is that it can be less expensive. Couples typically split the cost of the mediator or arbitrator, which can be much cheaper than going to court. ADR can also be quicker than going to court. Couples cannot wait for court dates and can schedule ADR sessions at their convenience. ADR methods can also be more flexible and tailored to the couple’s situation. For example, in mediation, the couple can focus on the most critical issues rather than following a court-mandated schedule.
Overall, ADR can be a valuable alternative to court for couples who want to resolve their divorce disputes amicably and efficiently. ADR methods such as mediation, arbitration, and collaborative divorce can offer several advantages over going to court, including cost-effectiveness, efficiency, and flexibility. If you are going through a divorce and want to explore your options for resolving disputes, consider ADR. It can be an effective way to move forward and reach a fair and amicable resolution.