Alternative Dispute Resolution

In the context of divorce law, alternative dispute resolution is any method, process, or forum for making and reaching decisions surrounding the dissolution of a marriage outside of the family courts system. Commonly, divorce agreements made through alternative dispute resolution take the form of uncontested divorces in the courts, which require only judicial review for gross inequity or coercion in the agreement process. Most often, mediation is the main form of alternative dispute resolution, but in other cases, arbitration is also an option. The main goal of alternative dispute resolution is first to resolve the dispute, but almost as importantly, this process saves times and money, and has a level of control for both parties to prevent undesirable outcomes for both spouses.

Fast Facts

  • A family court judge will typically approve any divorce agreement made through alternative dispute resolution, provided the decision is in the best interest of a child and is reasonably fair.
  • Alternative dispute resolution takes place outside of the courtroom, but decisions through alternative dispute resolution can be made during any time during a family law case.

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