What type of Alternative Dispute Resolution can be used in divorce matters?
Any ADR technique can be used in divorce matters. ADR is typically used to circumvent the court system so that the dispute can be resolved more quickly. ADR refers to any dispute resolution which does not involve courts. The most common are negotiation, mediation, arbitration, and collaborative law. Negotiation involves a bounce back of offers, counteroffers and bargaining to reach a resolution. Mediation is a problem solving method in which a neutral party assists the parties in resolving issues. Custody mediation is now required in many jurisdictions. Arbitration allows a lawyer or retired judge to decide the issues in dispute. Arbitration is binding on both parties, leaving no right of appeal. The Arbitrator is generally paid by the hour and will require a written Arbitration Agreement. In collaborative law, both parties and attorneys commit in writing a process to resolve family law issues without court intervention. Four minds work together to come to an agreement.
