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Alternative Dispute Resolution (ADR)

September 20, 2022 Cindy Best

Alternative dispute resolution refers to any structured method for resolving disputes and particularly in family law it refers to settlement conferences, mediation, parenting conferences, collaborative divorce, and negotiated resolution between attorneys.

ADR is the preferred way to handle family law cases instead of going to trial. In most cases it is the better path. It is faster, less expensive, more private, and gives both parties more control over the outcome than handing the decision to a judge who has limited time to understand a complex marriage and family.

Any agreement reached through ADR still needs to be documented correctly to be enforceable. A handshake at the end of a mediation session is not a binding order. A signed Rule 69 agreement or a properly prepared consent decree is.

For child-related issues ADR agreements must still satisfy the child’s best interests. Parents cannot contract away their child’s rights regardless of what they agree to.

 

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