Alternative Dispute Resolution (ADR) is the process of resolving a dispute between two people. When it comes to divorce, an ADR can avoid a court dispute altogether by using other, more casual means of reaching an agreement.
Types of Alternative Dispute Resolution
The majority of divorces are resolved before ever reaching a court of law. For example, many couples choose to use some form of mediation to resolve their dissolution of marriage issues.
Forms of ADR include:
- Mediation: A mediator assists the couple to identify the dispute issues, consider alternatives, and reach an amicable agreement. A mediator does NOT give advice or opinions on any issues, nor do they decide the outcome of the mediation. They are strictly there to ensure each party has a chance to have their goals and desires heard and possibly made part of the divorce agreement.
- Conciliation: The role of conciliator is similar to a mediator except the conciliator can also give legal information, give expert advice on the possible options, or actively encourage the participants to reach an agreement. Conciliation could be ideal if a couple has tried mediation and still can’t come to an agreement.
- Arbitration: In arbitration, a couple will present their evidence and arguments to a third party who will then make a determination on the issue(s). An arbitration is more structured than the first two options because the end of the session is marked by a binding decision from the arbitrator.
Is an Alternative Dispute Resolution Right for You?
ADR proceedings are generally less adversarial than a traditional court proceeding. A couple (along with their attorneys) will attempt resolution in important decisions related to the divorce rather than having a judge or jury make the decisions for them. If you and your partner believe you can reach a peaceful decision without the forceful influence of a court, ADR may be for you.
Contact Cynthia Tracy Attorney at Law, P.C. Today
Our alternative dispute resolution attorneys can work with you to reach the most peaceful resolution to your divorce possible. We understand the potential emotions that could spring up during negotiations and we will do everything we can to help you during this difficult process.
Call our firm at (281) 612-5443 or contact us online.
