Divorce Dex.com: Alternative Dispute Resolution (ADR)

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Definition Alternative Dispute Resolution (ADR) - an out-of-court settlement process, also knows as arbitration, mediation, and collaborative law, but not litigation.

Application in Divorce Some states mandate ADR for divorcing parties, although the parties retain the right to have a judge decide the case. When parties agree, they may present their written agreement to a judge who decides its fairness and grants a divorce. Only courts can divorce the parties. Settlement agreements are called separation agreements or marital settlement agreements, not divorce agreements.

See also Arbitration; Mediation; Collaborative Law.

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Different Ways to One End
Arbitration, mediation and collaborative law are three different ways to one end. Each of these paths is less expensive than litigation and results in both spouses resolving their issues outside the courtroom.

Contributed on 4/6/2007 by: DivorceDex.com Staff
Category: Collaborative Law (Applicable in All States)
Your Spouse Won’t Consider Mediation
Mediation is the most popular option for Alternative Dispute Resolution in the realm of divorce. If your spouse is not willing to mediate your divorce, you may want to consider a "cooling" off period, which will allow some tensions to lessen to the point where actually negotiating with a trained professional mediator becomes of interest. The shock of legal fees alone will often steer couples to mediation.

Contributed on 4/6/2007 by: DivorceDex.com Staff
Category: Mediation (Applicable in All States)

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Additional Resources

Divorce Mediation Articles

The largest collection of educational divorce mediation articles provided by family mediators throughoput the U.S.

Alternative Dispute Resolution (ADR) - Arbitration and Mediation

An online resources of articles and web links.

The Use of Alternative Dispute Resolution in Matrimonial Cases

Apparently, Abraham Lincoln was able to read the future insofar as matrimonial cases go. It is clear that more often than not, matrimonial litigants who "go all the way" really do end up being losers. It is also clear that matrimonial litigation is unduly burdensome to our courts. Perhaps Alternative Dispute Resolution (ADR) (1) is a means to solve the problem.

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