Family law cases can be hard to settle. Most people want to avoid court if possible and the good news is they can do so by exploring alternative dispute resolution (ADR). Mediation is the most popular type of ADR method, but there are others to consider.
Divorcing? Dealing with child custody drama? If you want to resolve your case quickly and inexpensively, there are options that can help. Discuss ADR with your lawyer. They will help you choose the right option so you get the outcome you desire.
Types of Alternative Dispute Resolution
- Mediation. A neutral third party, known as a mediator, facilitates communication between the parties and assists them in reaching a mutually acceptable agreement. Mediation can be voluntary or court-ordered. Colorado law requires mediation in all family law cases.
- Arbitration. Parties present their case to a neutral third party, known as an arbitrator, who makes a decision that is binding on the parties. Arbitration in family law cases is entirely voluntary.
- Settlement conferences. Parties and their attorneys meet with a neutral facilitator, such as a judge or retired judge, to discuss settlement options and negotiate a resolution. Settlement conferences can occur voluntarily or be court-ordered.
- Parenting coordination. This method involves a neutral third party who assists parents in resolving disputes related to parenting plans and co-parenting issues. The parenting coordinator may also help implement the parenting plan.
- Neutral evaluation. Parties present their case to a duo of neutral evaluators, usually a mental health expert and an experienced attorney, who provides an assessment of the strengths and weaknesses of each party’s arguments. This process can help parties understand the likely outcome if the case were to proceed to trial, encouraging settlement.
Pros and Cons of Alternative Dispute Resolution
Alternative dispute resolution is a good option to resolve family law issues. Here are some advantages to consider:
- Cost-effective. ADR processes such as mediation and arbitration are generally less expensive than going to court. They often involve fewer legal fees and less formal procedures.
- Time-saving. ADR can often resolve disputes more quickly than litigation, which can be a lengthy process due to court schedules, procedural delays, and backlog.
- Flexibility. Parties have more control over the process and outcome in ADR. They can choose the mediator or arbitrator, as well as the time and location of sessions.
- Preservation of relationships. ADR methods focus on collaborative problem-solving, which can help preserve relationships between parties, especially in situations where ongoing interactions are necessary, such as when children are involved.
- Confidentiality. ADR proceedings are generally private, whereas court proceedings are often matters of public record. This confidentiality can encourage parties to be more open and honest during negotiations.
However, there are also some cons of alternative dispute resolution. They include:
- Lack of formal structure. ADR processes may lack the procedural safeguards of the court system, leading to concerns about fairness.
- Enforceability. While arbitration awards are enforceable like court judgments, mediation agreements may not have the same level of enforceability unless they are submitted to the Court for approval and adoption as an order.
- Lack of precedent. ADR decisions do not create legal precedents, which means that similar disputes may be resolved differently in the future.
- Risk of deadlock. If parties cannot reach a resolution through ADR, they may still end up in court, which could prolong the dispute and increase costs.
Contact Us Today
Need help handling your family law issues? You can do so without going to court. There are many alternatives to consider.
The Colorado family law attorneys at Tanis McGonegal can help understand your options for resolving your child custody, child support, and asset division cases. Schedule a free consultation to learn more. Call our office at (303) 465-4605 or fill out the online form.
https://www.cobar.org/For-the-Public/Legal-Brochures/What-is-ADR
