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Committed to You

Are We Right for You?

What is Family Law?

Father’s Rights

Mother’s Rights

Children’s Rights

Grandparent’s Rights

Stepparent Adoption

Appealing Your Case

Child Abuse & Neglect Lawyer

Restraining Orders (Orders of Protection)

Name Change

An Overview of the Divorce Process

Uncontested Divorce

PDL Motions

Post-Divorce Estate Planning

Alternative Dispute Resolution

Legal Separation

Military Divorce

Annulment

Overview of the High Asset Divorce

Valuation of Assets in Divorce

Hidden Assets in Divorce

Divorce – Lifestyle Expectations

Prenuptial & Postnuptial Agreements

Divorce – Delayed Compensation

Child Custody & Visitation Overview

Divorce & the Parenting Plan

Divorce & Legal Custody of Your Children

Divorce & Physical Custody of your Children

Divorce & Visitation Rights

Divorce & Paternity

Contempt & the Family Access Motion

Child Custody Jurisdiction (UCCJEA)

Modification of Child Custody Judgments

Child Custody & Relocation

Divorce & Child Abduction

Child Support Overview

Divorce & Child (Day) Care Expenses

Divorce & College Expenses

Divorce & the Dependency Exemption

Enforcement of Child Support

Child Support Modification

Child Support – Emancipation (When does Child Support End?)

Spousal Support

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Divorce – Dividing Investments and the QDRO

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Divorce – Trusts & Inheritance

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Transcription: 

Alternative Dispute Resolution

Not every divorce has to be a contentious, drama-filled battle like in the movie, “Kramer vs. Kramer.” In fact, you and your spouse may be one of many couples that would like to avoid that harsh path and fortunately, different methods of moving through the divorce process have evolved.

Alternative Dispute Resolution (ADR) refers broadly to settling legal matters outside of the traditional judicial process. Rather than prepare for a contested trial before a judge, you and your spouse will use ADR to avoid the traditional adversarial process and try to work together in a more amicable fashion. After an agreement is reached, it would be submitted to the court like an uncontested divorce.

In the family law context, two types of ADRs tend to be popular – Mediation and Collaborative Law. In practical terms, both approaches offer many of the same benefits – keeping your records private and off the internet, affordability, reduced stress, less risk, more flexibility and, most importantly, the opportunity to shape your own futures.

In Mediation, you, your spouse and a third-party mediator work together to resolve all disputed issues relating to custody, property and support. You share information, meet separately and together with the mediator, and make good faith efforts to reach an agreeable outcome. However, if you are unable to reach agreement, however, either of you has the option of stopping the process and proceeding in the traditional manner in court.

In Collaborative Law, you and your spouse must agree to commit to a solution-oriented process. As part of that commitment, each of you must have an attorney trained in the collaborative law approach. You will share information and have meetings collectively to work through the various issues of custody, property and support. As a further indication of the commitment to the process, if you and your spouse do not reach an agreeable outcome, before proceeding further in the traditional manner in court, each of you must hire new attorneys. Collaborative Law, then, has more built-in incentives to reach an agreement than mediation.