What is ADR or Alternative Dispute Resolution?
When people think about getting a divorce, they often imagine lengthy court processes; trials in which a judge determines divisions of property and child custody. Fortunately, there are easier ways to navigate divorce or a family dispute. Alternative Dispute Resolution or ADR refers to a collection of processes that are alternatives to court proceedings.
What is ADR?
Alternative Dispute Resolution can be used in a variety of situations, but it is particularly helpful in a divorce situation when both parties would prefer to avoid a hearing to settle disputes. ADR can be referred to as mediation, divorce coaching, facilitation, and collaboration. In a mediation situation, a mediator guides the two parties through a discussion and helps them arrive at decisions that are mutually beneficial. Mediators are typically lawyers, but they can also be other certified professionals such as financial advisors, mental health professionals, and child development specialists. It is also important to understand that mediators are neutral and will not favor one party over the other, they simply guide discussions and facilitate decisions. They do not make decisions for you.
When to Use ADR?
Two parties can use alternative dispute resolution if they feel they can reach an agreement without involving the court. The agreements reached during ADR can be legally binding. A mediator can help create formal documents such as parenting agreements. Any agreements about the division of property and finances can also be legally binding. ADR in Denver is often court ordered. Because the Colorado family court system is often overloaded, the court may require that a family try mediation before having their case heard by a judge.
Advantages to Alternative Dispute Resolution
ADR can be a more affordable route for settling disputes than using the court system. Court fees and legal fees can easily add up and become difficult to manage. Typically, ADR will demand less time from a lawyer or mediator, resulting in a lower fee. Many lawyers offer a free consultation before taking a client. This consultation is the perfect time to ask a potential lawyer how they approach ADR. It is also important to ask about their fees up front, so that you will be able to plan appropriately for any expenses. Another advantage to ADR is that, unlike the court system, it is more likely to be scheduled with regard to your needs. Talk to a potential lawyer about when they can help with mediation so that you don’t have to miss too much work or other important family events.
Find Out More
When going through a divorce, even if it’s complicated and emotionally difficult, there are many advantages to using ADR instead of going to court. At Byram Law we offer mediation services in the Denver area and are happy to talk with you about how you can use mediation in your situation. A free consultation can help you navigate your unique situation and allow you to decide what services you can benefit from.