Alternative Dispute Resolution in Family Law

Most legal disputes involve an adversarial approach. The parties have separate legal counsel and fight for the best outcome. However, an adversarial process is not always the best option. In family law cases, the people involved may have to continue to live or work together after the legal dispute. There are alternative ways to settle these issues without fighting it out in court.

Alternative dispute resolutions can help resolve family disputes for a better long-term outcome. To find out if alternative dispute resolution is the best option for your family law matter, speak with an experienced family law attorney.

What Is Alternative Dispute Resolution?  

Alternative dispute resolution (ADR) is an area of law that is different from the typical adversarial court system. Instead of courtroom litigation fighting against each other, the parties work together to come to a solution. This can resolve family law issues without the conflict and tension of litigation.

What Are the Different Types of ADR in Family Law?

There are different forms of alternative dispute resolution. ADR is becoming more common in family law. Different types of family law ADR include:

• Mediation
• Arbitration
• Collaborative approach

Mediation in Family Law

Mediation is commonly used in divorce cases involving children. Mediation involves the use of a neutral third-party mediator. The mediator will listen to you and the other person and identify the issues and disputes. Unlike a judge, the mediator will not decide the outcome. Instead, the mediator will work with you and the other person to help you come to a decision that both can agree to.

State family court laws may require parents in a child custody dispute to go through mediation before court. Mediation allows parents to come up with their own decisions based on their child’s needs. If you leave it up to a judge, the judge may make a decision no one is happy with.

Arbitration in Family Law

Arbitration is somewhere between litigation and mediation. In arbitration, the arbitrator will hear both sides of the case and make a decision. The arbitrator sends the decision to the court, and the judge will enter the order. Arbitration decisions are generally binding.

Collaborative Approaches for Family Law

Another possible option for family issues is working with your ex-spouse or co-parent. Collaborative law is a developing option in family law but can offer several benefits for families and parents. Parties in a collaborative divorce enter into the process with similar outcomes in mind. You may have to both sign an agreement to commit to the process. Collaborative legal professionals can help you resolve conflict by working together.

When Is ADR a Good Option for Family Law Issues?

• Save time: Divorce mediation is generally faster and less expensive than litigation. With mediation, you may be able to resolve your issues in a single session. Going through court can take weeks or months.
• Save money: ADR is generally more cost-effective than litigation.
• Privacy: Court hearings are part of the public record. ADR is private, and you can keep your issues confidential.
• Control: You may have more control over a settlement agreement than leaving it up to the judge. This also allows you to develop creative solutions that will work best for your situation.
• Preserving relationships: In family law cases, you may have to stay in contact with your child’s other parent or other family members. The collaborative process can help reduce conflict in co-parenting decisions so you can stay on good terms with your ex.

What Are the Risks of Using ADR in a Family Law Case?

ADR is not suitable for everyone. If you have a history of domestic violence with your co-parent, the court may not require you to sit down with them for family law mediation. Traditional litigation may be better for a high-conflict divorce process.

Not all types of family law legal issues can benefit from ADR. ADR can be used for many legal issues, including divorce, child custody, and visitation. However, ADR is generally not available for things like child support. Child support is usually decided by state law based on income, parenting time, and other factors.

What Can I Expect From the ADR Process in a Family Law Case?

The ADR process may depend on the type of family law issues involved. For child custody mediation, many courts provide mediators to work with parents. You may have to attend a mediation orientation before going through the mediation process. The mediator will only review certain child custody issues, like custody and parenting time.

After coming to a decision, you both agree with, the mediator will submit the order to the judge. If the judge approves the agreement, they will enter the court order. That means you must follow the parenting coordination agreement you agreed to. If you fail to follow the agreement, you can face penalties or be found in contempt of court.

How Can a Family Lawyer Help With Alternate Dispute Resolution?

Your family law attorney can review the ADR options available in your family law case. Your attorney can help you decide if ADR is right for you and the best form of ADR. Your own lawyer can give you specific legal advice about your case so you can get the best outcome. If you want to know more about the ADR resolution process, talk to a local family law attorney.