Alternate Dispute Resolution
Arbitration
Arbitration is where an impartial arbitrator, usually an experience attorney or
retired judge gives a decision after hearing evidence from both sides. The arbitration
hearing is less formal than in a court room setting. The arbitrator's decision can
be binding or non-binding depending on the agreement of the parties. Arbitration
is a cost-effective way to privately resolve disputes as no documents are filed
with the court. Both Steven J. Kriegshaber and Claire M. O'Laughlin have been certified
by the American Academy of Matrimonial Lawyers as Family Law arbitrators.
Collaborative Law
Collaborative Law is a system of practicing family law where the parties and their
attorneys sign an agreement to treat each other as a settlement team rather than
adversaries with the goal of resolving issues by agreement rather than by going
to court. There is a full voluntary disclosure and exchange of financial information
by the parties. Components of the collaborative process include NO "dirty
tricks" and the attorneys involved must quit if the case goes to court. All
issues are resolved in a series of conferences with the parties, their attorneys
and any other members added to the team including a neutral financial planner, mental
heath professional, appraiser or anyone with expertise needed to best solve the
particular issues of the case. Generally collaborative cases are less expensive
and take less time to process than litigated cases.
Collaborative Reconciliation
It is a method for couples who are contemplating divorce and looking for an opportunity
to reconcile their differences without ending the marriage relationship. The benefits
of Collaborative Reconciliation can help couples who end up reconciling their differences
and help couples who end up divorcing. Each party is represented by an attorney
trained in the collaborative process. In addition, a team of professionals is assembled
to address the couples' particular issues. This team includes a neutral financial
advisor, and one or two, depending on the circumstances, mental health professionals
to serve as coaches for the parties. Other professionals may serve as consultants
as needed. Through a series of meetings with the collaborative professionals, the
parties design a legal separation agreement and continue to work with their marriage
counselors with a goal of reconciliation.
Mediation
Mediation is where a neutral mediator usually an attorney or retired judge facilitates
discussion between the parties to help resolve issues and lead them to a mutually
satisfying agreement. As active participants in the resolution of the conflict,
the parties maintain a high level of control.
Mediation can be used to settle a specific issue such as visitation or to resolve
all issues in a case. One advantage of mediation is that all discussion is confidential.
The court is only advised as to whether the mediation was successful or not. If
successful, a written agreement is signed by the parties and filed with the court.
Mediation can be much more cost effective and less time consuming than litigation.