How ADR can help your divorce

ADR, or Alternative Dispute Resolution, can be used in divorce cases as a means to resolve conflicts and reach agreements outside of traditional court proceedings. Divorces can be emotionally charged and complex, involving issues such as child custody, division of assets, spousal support, and more. ADR methods provide an alternative to litigation and can help parties find mutually acceptable solutions in a more cooperative and less adversarial manner.

Here are a few common forms of ADR that can be utilised in divorce cases:

1. Mediation: In mediation, a neutral third party, known as a mediator, helps the divorcing couple communicate and negotiate their issues. The mediator facilitates discussions and assists the parties in reaching agreements on various aspects of the divorce. Mediation can be a flexible and cost-effective method, allowing the couple to have more control over the outcome.
2. Collaborative Divorce: Collaborative divorce involves each spouse hiring their own lawyer who is specially trained in the collaborative process. The couple, along with their respective attorneys, work together in a series of meetings to negotiate and resolve the issues. Additional professionals, such as financial advisors or child specialists, may be involved to provide guidance and expertise.
3. Arbitration: Arbitration is a more formal process where an arbitrator, who may be a retired judge or an attorney experienced in family law, acts as a private judge. The arbitrator listens to the arguments and evidence presented by each party and makes a binding decision, similar to a court judgment. Arbitration offers a more structured approach and can be quicker than traditional litigation.

The benefits of ADR in divorce cases include:

1. Confidentiality: ADR processes often offer greater confidentiality compared to court proceedings, which can be appealing for couples who wish to keep their personal matters private.
2. Control: Parties have more control over the outcome and can actively participate in the decision-making process, resulting in agreements that better suit their specific needs and circumstances.
3. Less adversarial: ADR methods tend to promote cooperation and communication, fostering a less confrontational environment than litigation. This can be particularly beneficial when there are ongoing relationships to consider, such as co-parenting.
4. Time and cost savings: ADR processes can be more efficient and cost-effective than traditional court proceedings, which often involve lengthy litigation and multiple court appearances.

It’s important to note that the availability and suitability of ADR methods may vary depending on jurisdiction and the specific circumstances of the divorce. Consulting with an attorney experienced in family law can provide guidance on whether ADR is suitable for a particular case and what options are available.

If you are considering using ADR for your divorce, give Cambridge ADR a call on 01223 625 123 and we can discuss your case with you.

This article was written by Cambridge ADR and first published here: https://cambridgeadr.co.uk/how-adr-can-help-your-divorce/