In family law, Alternative Dispute Resolution (ADR) refers to methods of resolving disputes without going to court. These approaches can be more cost-effective, faster, and less confrontational than court proceedings so they are worth considering if suitable for your situation.
Benefits of ADR
Confidentiality: Unlike court proceedings, ADR is private.
Flexibility: More control over the process and schedule.
Preserving Relationships: Less adversarial, helping maintain relationships, especially important in parenting matters.
Tailored Solutions: Can create more personalized and creative solutions than a court might impose.
Considerations
Nature of Dispute: ADR might not be suitable for all cases, especially where there is a significant power imbalance or history of abuse.
Willingness to Cooperate: ADR requires both parties to be willing to work together.
Legal Advice: It’s advisable to seek legal advice even when engaging in ADR to understand your rights and the implications of any agreements.
1. Mediation
Description: A neutral mediator helps both parties reach a mutually acceptable agreement.
Cost: Generally, less expensive than court proceedings, with costs varying depending on the mediator’s fees and the length of mediation.
Pros: Can be quicker and less stressful than court. Encourages cooperation and communication.
Cons: Not legally binding unless formalised in a court order. May not be suitable in cases involving imbalance of power or abuse.
When to Use: Best for couples willing to work together to resolve disputes.
2. Collaborative Law
Description: Each party hires a specially trained collaborative lawyer, and all parties agree to resolve disputes outside of court.
Cost: Involves lawyers’ fees but can be less costly than full court proceedings.
Pros: Focuses on mutually beneficial solutions. Legal advice is integrated into the process.
Cons: If the process breaks down, parties must hire new lawyers for court proceedings.
When to Use: Suitable for those who want legal support but wish to avoid court.
3. Arbitration
Description: An independent arbitrator makes decisions on disputed matters, which are legally binding.
Cost: Includes arbitrator’s fees and potentially lawyers’ fees, but usually quicker and cheaper than court.
Pros: More control over the process and timing. Decisions are binding and can be made on specific issues.
Cons: Less flexibility once an arbitrator is appointed. Costs can be significant.
When to Use: Good for resolving specific issues or when privacy is a concern.
