Alternative Dispute Resolution (ADR) encourages the parties to engage in creative problem-solving in order to reach a settlement instead of litigating their case in court. ADR is typically less stressful, less time-consuming, and less expensive than litigation. ADR also offers a much greater chance of obtaining a “win-win” outcome than litigation. This is essential in those cases where the parties want or need to preserve their relationship (for example, if they need to continue to co-parent their children) or want to produce a mutually satisfactory outcome.
Forms of ADR include negotiation, mediation, settlement conferences, and collaborative divorce (also known as collaborative law). Arbitration also is a form of ADR although it has some similarities to litigation.
Collaborative Law and ADR
The primary goal of the Collaborative Divorce process is to settle outstanding issues in a non-adversarial manner. This process aims to minimize, if not eliminate, the negative economic, social, and emotional consequences of protracted litigation on spouses and their children.
Some of the principles of Collaborative Divorce are:
The spouses seeking a divorce agree not to pursue divorce through litigation, and instead, agree to resolve their divorce in a non-threatening, respectful, non-adversarial manner.
The spouses and their attorneys agree to act in good faith and focus on needs and interests rather than “positions” in the divorce.
The couple and their respective attorneys work as a team to craft a settlement that both parties feel is fair and equitable to themselves and each other.
The parties and their attorneys may agree to engage other collaborative professionals such as a child specialist, divorce coach, and/or a financial specialist who are trained to help support the parties in their Collaborative Divorce.
Choosing Collaborative Law is a highly personal decision, to find out more about the process, read these articles here:
Mediation is a process during which spouses/parents work out their differences with the assistance of a neutral third-party person called a mediator. Mediation is an exceedingly helpful tool that has helped countless couples settle their differences and avoid expensive and prolonged litigation. However, for mediation to be successful, it is important that mediation be conducted at the right time during the case.
Read more about The Levey Law Groups Mediation Services here.
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