Video: Litigation vs Collaborative Practice
Alternative Dispute Resolution (ADR) refers to different types of processes and ways that help facilitate with the resolution of some or all of a former couple’s disputes without going to court to do it. ADR is comprised of different processes including mediation, arbitration and collaborative divorce. Below, we will address each of these processes, as well as the benefits, constraints and limitations of each.
ADR processes are a popular and efficient way to resolve some Family Law disputes without resorting to adversarial litigation. They involve settling issues outside of court which makes these processes expedient and cost effective. Various ADR mechanisms are similar to each other but differ in their unique features and processes.
Family arbitration has gained popularity for certain kinds of Family Law disputes. It does not substitute Family Law procedures and traditional dispute resolution mechanisms but allows for a less costly and less time-consuming litigation on certain narrow issues.
Litigation of any type is costly and time consuming. This is especially true in Family Law where parties face heightened emotional stress and where high conflict situations can be dragged through courts for years and years. As a result, Alternative Dispute Resolution (ADR) has gained popularity for Family Law disputes
Following cases illustrate some of the advantages and disadvantages of Alternative Dispute Resolution.