Taking a divorce all the way to trial is a lengthy and expensive process. A trial is not always necessary to resolve your disputes. There are alternative dispute resolution methods, also known as ADR, designed to assist parties to come to an agreement without litigation. These out-of-court proceedings help facilitate settlement.

1. Negotiation

The least expensive method of dispute resolution is negotiation. This process allows the parties to discuss the issues rationally with each other and to come to an amicable agreement on their own. The parties get to decide, for themselves, the outcome of all the important issues concerning the divorce. Parties, who negotiate, have full control of the divorce process. If lawyers are hired, the lawyers will be in charge of drafting a decree that reflects the parties’ agreement. The most difficult part of negotiation is actually getting both parties to agree to negotiate and cooperate.

2. Mediation

Mediation is a structured process where both parties agree on and hire a neutral third party, also known as a mediator, to assist the parties in reaching a solution. During mediation, the parties are usually kept in separate rooms (with their respective attorneys, if hired), and the mediator hops between the two rooms to facilitate an agreement. In divorce and family law cases, a mediator with extensive knowledge of family law is hired.

3. Arbitration

Arbitration is a resolution technique where an arbitrator, chosen by agreement of both parties, is used to settle a dispute. An arbitrator is basically a private judge hired by the parties, and the entire process is like a mini-trial. The arbitrator reviews testimony and evidence prior to making the final decision, which binds both parties.

4. Collaborative Law

The collaborative law method is where both parties hire separate attorneys, whose job is to help the parties come to an agreement. The parties and their respective attorneys will make the rules, without court intervention, as to how their divorce will be handled. The parties begin by signing a contractual agreement setting forth terms of the process. Some of the terms of the contract include treating each other with respect, voluntarily disclosing all documents necessary to reach a solution, and agreeing to share experts. The most important aspect of this method is neither party may go to court. If the parties decide to go to court, the attorneys must withdraw from the case and the case begins anew.

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