Alternative Dispute Resolution (ADR) in Divorce
Alternative dispute resolution (ADR) is increasingly being used in divorce cases as a way to settle disputes outside of the courtroom. While alternative dispute resolution is not right for every situation, it can be an effective tool for resolving disputes in divorce cases when used thoughtfully and strategically.
What is alternative dispute resolution?
The ADR method may incorporate mediation, arbitration, collaborative law, or other processes to help couples reach agreements outside the courtroom. This approach can be beneficial in a number of ways, as it allows couples to reach resolutions tailored to their unique needs while remaining in control of the process and maintaining privacy.
Benefits of using ADR
Through ADR, couples can resolve issues related to their divorce in a more efficient and cost-effective way while also maintaining some level of control over the outcome of their situation. Additionally, ADR can help reduce the emotional stress of divorce by fostering a less adversarial process for resolving disputes.
Reduced legal costs
Another huge advantage of ADR is reduced legal costs. During the ADR process, both parties are typically involved in negotiating settlement terms and working toward mutually acceptable solutions. This can reduce the amount of time and resources needed to resolve complex issues like property division or child custody arrangements.
In other words, with no need for pricey courtroom litigation, you can save money on legal fees while reducing the overall burden on both parties.
Collaborative decision-making
ADR provides a collaborative way for couples to work through difficult issues like child custody or spousal support. Rather than having all decisions made by a judge who may not know the details of each individual case, ADR allows couples to take an active role in determining how their marital assets will be divided, what parenting arrangements will be made for the kids, and similar high-stakes decisions.
Better communication between spouses during the divorce process sets the stage for better communication post-divorce, especially where children are involved.
ADR methods
Arbitration
In arbitration, spouses come to an agreement on their issues outside of court by working with an arbitrator. This process typically involves negotiating and bargaining with one another as well as presenting evidence to support arguments.
Compared to going to court, arbitration is relatively quick and inexpensive. It can be more flexible than traditional litigation, too, allowing spouses to structure the process in a way that works best for them. Another key advantage of arbitration is that it provides privacy and confidentiality, unlike court proceedings which are generally public.
There are also some potential downsides to arbitration. Since the arbitrator has significant discretion in making decisions for the couple, the outcome may be viewed as unfair or biased by one or both spouses. Additionally, there may be limits as to what types of evidence can be presented or what factors can be considered in reaching a decision. Finally, if one spouse does not like the outcome of the arbitration process, they may have no recourse except to pursue legal action in another forum, such as the court.
Collaborative divorce
In collaborative divorce, spouses work together to reach a mutually beneficial agreement. This approach typically involves specially trained lawyers and other professionals who work with the couple to negotiate a settlement. Collaborative divorce is often seen as less adversarial than traditional divorce proceedings, which can help couples resolve their issues in a more amicable manner.
Other professionals may be brought in to assist with the negotiation process as well, such as mental health counselors, financial advisers, and child specialists. These individuals can help address concerns that arise during negotiations and provide valuable input to the settlement process.
Mediation
In mediation, the divorcing couple works with a mediator to reach an agreement on the terms of their divorce. The mediator guides each person through the process, nurturing negotiation.
A key advantage of mediation is the fact that both parties retain some control over the outcome of their divorce. Unlike court proceedings where a judge makes the decisions, couples in mediation work together or separately with their mediator to identify what they want and to find a solution that satisfies both of them.
Mediation can be particularly helpful for couples who have complicated or contentious issues to resolve because it allows them to be more creative in finding compromises and solutions that address all of their needs.
Is ADR right for you?
If you and your spouse are able to work together, ADR may be worth a shot. However, if you're in an abusive marriage or you feel confident your spouse wouldn’t participate genuinely in the process, it might be a waste of time.
Next steps
If you’re interested in ADR, Hello Divorce can help. Contact us for your free 15-minute phone call. We’ll help you determine an approach that works for your specific needs and goals.
