Divorce Dex.com: Alternative Dispute Resolution (ADR)

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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Questions & Answers

How do you stay neutral as mediators if only one person calls?

As mediators, we’re trained to discuss your situation in a neutral way with both sides. Typically our Dispute Resolution Associate (DRS) has at least one telephone conversation with each party prior to your first mediation session because it’s important that everyone involved has confidence in the mediation process. In this way we are careful to avoid appearing to side with either party or the other. By having a neutral Dispute Resolution Associate speak with both parties before the mediation begins, you’ll get a chance to let us know your situation without feeling like whoever spoke to the mediator first will be "the favorite" in the mediation session.

Contributed on 9/30/2008 by: Peace Talks Mediation ServicesPlaya del Rey, CA[Total Submissions: 3]

Category: Mediation (Applicable in All States)

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Helpful Tips & Facts

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)
Conflict Resolution Behavior Styles
Conflict resolution behavioral styles, however, are often learned responses. Our temperament, or the way we simply are wired also makes a difference. Conflict resolution behavioral styles are 1. Avoider 2. Collaborator 3. Accommodator 4. Compromiser; 5. Control/compete.

Contributed on 6/17/2008 by: Mediation Works North, Inc.Hibbing, MN[Total Submissions: 5]
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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#119: If you are going through a divorce and have children, be sure to tell your children's teachers. They may be able to inform you of any abnormal behavior patterns that are being caused by the divorce, which could be addressed if brought to your attention.

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