An ADR (alternative dispute resolution) is used to manage disputes in a divorce proceeding. It refers to means for settling disputes without going before a New Jersey judge.
Benefits of an ADR
ADR is not conventional litigation. The process allows couples to negotiate a fair distribution of assets and to build credible solutions to areas of disagreement.
ADR advantages include:
- Control by both parties
- Lowered costs
- Flexibility
- Less complexity
- Efficient and faster settlements and resolutions
- Solutions creatively tailored to your needs
- Confidentiality
- Amicable negotiation and preservation of relationships
- Potentially less volatility than conventional litigation
- Collaborative efforts for establishing positive co-parenting
Types of ADR
There are common platforms for ADR. Here are the three major types used in divorce.
Mediation
A mediator works with the couple to achieve agreed-upon resolutions. They help guide the couple through mediation and communication, letting them come to their own conclusions.
Arbitration
A neutral party — the arbitrator — reviews arguments and evidence from both sides. The arbitrator then decides the outcome of a dispute. The process is less formal than traditional court proceedings. Arbitration is either nonbinding or binding. Binding is parties agreeing to waive the right to a trial and accepting the arbitrator’s decision. Nonbinding means the couple can still go to trial.
Neutral Evaluation
In neutral evaluation, an evaluator hears the argument of both parties. The evaluator provides their thoughts on the arguments and offers resolutions. Evaluators can be experts in a particular divorce matter. Their opinions are not binding.
ADRs save time and money as they streamline the divorce process. They also increase satisfaction and help reduce anxiety and stress. ADRs reduce or eliminate the impact of going before a judge who often determines a winner and loser. ARDs can lead to a win-win for all parties.