What is the benefit of using Alternative Dispute Resolution (ADR) for a divorce?

Alternative Dispute Resolution (ADR) can take three forms, arbitration, binding arbitration, and mediation.  Most jurisdictions use mediation for domestic relations matters. Mediation is a legal process by which two opposing parties agree to take their dispute to a impartial trained mediator in an attempt to resolve their disputes without the need for a drawn out court process.  In mediation, each side presents their position to the mediator.  There are usually some joint sessions and sessions where each party meets individually with the mediator.  Mediation continues as long as the parties appear to be working toward a compromise.  Either party can stop the process at any time by deciding that they do not agree with the proposed settlement.  If the parties do not agree, they can file suit in court or continue the legal process if the matter was referred to mediation by the Court.  Some states require mediation in Family matters involving custody, child support, and visitation in order to lessen the impact of the divorce on the minor children.

In addition to making divorce less traumatic to minor children, mediation benefits include, shortens the divorce process, makes divorce less expensive, and it puts the parties on an equal footing financially and emotionally especially if one party cannot afford legal counsel because the mediator is impartial and trained.  Consult with an experienced family law practitioner in your state to determine if ADR may be a viable solution for you and your spouse.