Alternative Dispute Resolution for Out-of-Court Divorce Settlements

Is ADR the Right Option for you?

Divorce doesn’t have to be a long, drawn out process. There are several other options available to couples to settle matters peacefully, without taking the case to family court. Alternative Dispute Resolution (ADR) is a great way of saving yourself from the stress and emotional damage that divorces sometimes cause. Not only that, ADR allows couples to dramatically reduce the impact of divorce on the children and their future.

What is ADR?

The term Alternative Dispute Resolution refers to a set of techniques used for resolving legal disputes, such as divorce, without going to court. The traditional way of litigation and settling divorce matters is costly and somewhat impractical for many people. Moreover, with the increasing number of case filings, civil courts are badly backlogged, causing delays of up to a year or more for couples to present their case in front of a jury. The ADR methods have proven to be beneficial for all parties involved, allowing them to save time and money, and provide an opportunity to move on with their lives in a peaceful manner.

Some widely used ADR techniques include mediation, collaboration, arbitration, and a few others, each designed to handle specific types of divorce cases.

Is ADR the Right Option for you?

Alternative Dispute Resolution is a suitable option to proceed with divorce, as it can help you and your spouse settle important matters, including child support, child custody, property division, spousal support, and others. There are two important factors that make ADR beneficial for both parties:

  1. The willingness of both spouses to work out key issues.
  2. The degree of disagreement or dispute regarding those issues.

The best part about ADR is that its processes are more causal and less adversarial in nature, providing a higher chance of fair and early settlement. Collaborative family law and mediation give couples an opportunity to discuss key issues in several meetings in the presence of their attorneys, without having a third party, like a jury or judge, making those decisions.

Arbitration is a rarely used method for resolving divorce cases. It is a more structured process, involving a neutral third-party, who is chosen with the mutual consent of both parties, to give their decision key issues after hearing their arguments and reviewing evidence. Moreover, the decision of an arbitrator is not binding, and if the couple is unsatisfied with it, they still have the option to take their case to court.

Some divorce attorneys recommend couples to opt for more than one type of ADR, based on their specific circumstances, to effectively settle their case. In some states, the divorcing couples are required to attempt out-of-court settlement through some form of ADR before taking their case to family court.

If you want to steer clear from the long, daunting litigation process, you should consider ADR for settling your divorce. However, it is imperative that you get legal assistance of a reliable and experienced Naperville divorce attorney to ensure a win-win situation for all parties involved. Contact the Fitzgerald Law Firm, P.C. today at (630) 946-6060 today to schedule a free consultation.

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