Alternate Dispute Resolution (ADR) refers to various strategies to resolve disputes and disagreements outside traditional court proceedings. Turco Legal P.C. understands the value of ADR in resolving a wide array of disputes, including those related to family law, employment issues, commercial conflicts, and others. However, ADR provides several benefits in divorce cases, such as reduced costs, quicker resolution, and less adversarial proceedings. Here are some of the ADR processes used in divorce cases-
Mediation
It is the most common method of ADR, in which a mediator arranges communication between both parties. The mediator is a neutral third party who helps the disputing parties reach a mutually acceptable agreement. There are three types of mediation: transformative, evaluative, and facilitative.
The mediator, a neutral third party, does not impose any decision on the parties. Instead, they facilitate communication and negotiation. They help the disputing parties understand each other’s perspectives, identify common ground, and reach a mutually acceptable agreement. Parties retain control over the outcome and must agree to the resolution.
Arbitration
Arbitration is a formal process in ADR wherein a neutral third party, known as the Arbitrator, listens to the case. They hear the arguments of the disputing parties and assess the evidence presented to the court. Arbitration can be either voluntary or mandatory.
The arbitration process can be obtained depending on the context and the prior agreements between the parties. The types used for divorce cases are binding, non-binding, and high-low arbitration.
Negotiation
Lawyers play a crucial role in negotiation, facilitating the parties’ private discussions and softening the conflict. Their support is instrumental in helping both parties communicate and solve their issues, leading to a collaborative decision for ADR.
During this process, both spouses find a common ground for divorce and mutually accept the agreement. Negotiation can also be done with the assistance of lawyers. There are different categories of negotiation: interest-based negotiation and positional negotiation.
Collaborative Law
Collaborative law plays a significant role in divorce cases with child custody. Each of the parties hires a collaboratively trained attorney. These attorneys aim to dissolve the case without opting for litigation. If the process fails, the parties sign a participation agreement to disqualify their attorneys from representing them in court.
Collaborative law focuses on negotiation and cooperation over conflict. Clients receive creative and tailored judgments that are otherwise impossible in a courtroom. The most crucial feature of collaborative law is that it reduces animosity, which is particularly useful in child custody cases.
Early Neutral Evaluation
A Neutral evaluator is an experienced attorney or retired judge. They are appointed during a divorce case to assess both parties’ strengths and weaknesses. This evaluation will help the parties understand the pros and cons of the litigation procedure and encourage them to settle their dispute through negotiation. Early neutral evaluation has the capacity to facilitate settlement by clarifying issues and providing a mutual understanding of the case.
Summary Jury Trial
A summary jury trial is a mock trial wherein the representative attorneys of both parties will present an abbreviated version of their argument to the jury. The jury will provide a non-binding verdict after reviewing the filed documents and supporting evidence. This process helps the parties evaluate the divorce case, understand how a real judge might view their case, and encourage settlement.
Various techniques are available through Alternative Dispute Resolution to swiftly and amicably settle disagreements outside of the conventional judicial process. In Boston, alternative dispute resolution (ADR) techniques include mediation, arbitration, collaborative law, negotiation, early neutral evaluation, and summary jury trials. Since each method has advantages and applications, disputing parties should consider their particular needs and circumstances before selecting an ADR strategy.
