Settling disputes with less conflict, lower costs, and better outcomes
One of the fastest-growing trends in family law practice in recent years is the use of alternative dispute resolution methods (ADR) to resolve family law matters, especially divorces, including mediation, neutral case evaluation, negotiations, and/or collaborative law.
ADR offers an alternative approach to resolving conflicts outside of court by encouraging and facilitating cooperation and communication that allows parties more of a say in the process, helping couples and families to settle disputes with less conflict, in less time, thus at lower costs, and often with better outcomes. Instead of waiting for the court’s docket to open for a trial date, where the judge will make decisions, couples and families can work with trained professionals using ADR tools to reach agreements that make sense for their family and their goals..
What ADR Method is Best for You?
• Mediation is a confidential process in which a neutral third party (the mediator) helps both sides communicate clearly and negotiate agreements. Mediators do not make decisions or take sides; they facilitate communication and keep the process moving. The purpose of mediation is for the couple or family to make their own decisions. Nothing gets decided unless both parties agree. Often, each party his represented by their own lawyer, who helps facilitate the process with their client’s goals in mind, If a party doesn’t have legal representation during mediation, it is prudent to have a lawyer review the final documents before confirming a final agreement and before submission to the court.
• Collaborative law (or divorce) is a specialized legal process in which divorcing couples agree to work together—along with a team of professionals trained in the collaborative divorce process—to reach an out-of-court settlement agreement.
The professionals involved in the collaborative divorce process usually include a lawyer for each party, a neutral financial professional, and a neutral mental health professional with training and experience in collaborative law/divorce. Other professionals can be brought in as the family’s needs require. For a growing number of divorcing couples, collaborative law empowers them to take maximum control over the divorce process and outcome, while still maintaining a confidential attorney relationship.
• Neutral case evaluation (NCE) is when a neutral third-party — usually a sitting or retired judge — will review the case and then meet with the parties and their attorneys. The neutral third party then offers their opinion on the issues involved and how they would rule. The NCE process can be a very meaningful way for the individuals involved to get a realistic assessment on how the court would make decisions and often leads to more productive settlement discussions.
• Negotiation in family law is the process where parties, individually or though counsel, discuss resolution of their matter between themselves outside of formal ADR processes. When these issues cannot be resolved between the parties involved, help from lawyers, if the parties start unrepresented, can help. It’s not unusual for parties to start negotiations and then turn to another ADR method, usually mediation, should they reach impasse.
Need Guidance?
If you are considering a divorce or facing some other family law challenge and wish to learn more about how ADR methodologies could work for you and your family, don’t hesitate to contact Orr & Reno for assistance.
