What is Alternative Dispute Resolution (ADR)?

ALTERNATE DISPUTE RESOLUTION

Several statutory provisions are designed to encourage the use of alternate dispute resolution (“ADR”) procedures in dissolution of marriage proceedings (in particular, division of the couple’s community estate in divorce actions) and in Suits Affecting the Parent Child Relationship (“SAPCR”) (in particular, issues of child custody, child support and visitation rights).  The objective is to reduce the costs and animosity engendered by a contested trial of these issues.

Types of Alternate Dispute Resolution

1. Arbitration

–       On written agreement of the parties, the court may refer a suit for dissolution if the marriage to arbitration.  The agreement must specify whether the arbitration is to be binding or nonbinding.

2. Mediation

–       On written agreement of the parties or on the court’s own motion, the court may refer a suit for dissolution of the marriage to mediation.  A mediated settlement agreement is binding on the parties if it:

o      Provides that the agreement is not subject to revocation;

o      Is signed by each party to the agreement; and

o      Is signed by each party’s attorney who was present when the agreement was signed

–       Mediation is almost mandatory in all family law cases to promote settlement.  However, if an agreement cannot be reached through mediation then the court will decide any disputed issues.

3. Collaborative Law Procedures

–       Parties may agree to use collaborative law procedures, under which the parties and the attorneys agree in writing to use their best efforts and make a good faith attempt to resolve their dispute without judicial intervention, except to have the court approve the parties’ settlement agreement and sign the orders required to give effect to the agreement.

–       Collaborative law seeks to create an environment in which the parties, with the aid of their attorneys, can address the issues presented as problems to be solved, rather than contests to be won.