Going through a divorce, parenting matter, or family law dispute is stressful. Many people picture long court battles, high legal fees, and impersonal judges making life-altering decisions for them. But what if there were a better way? In Ohio, families have the opportunity to resolve their legal disputes without ever having to step foot in a courtroom by using a process called Alternative Dispute Resolution (ADR).
Litigation, often seen as necessary in family law, has major downsides. It is expensive, time-consuming, and emotionally draining on everyone involved — even the children aren’t spared. In a courtroom, parents are adversaries, fighting for a “win” rather than working toward a mutually beneficial solution. And after the judge makes a decision, the emotional toll on the families will make co-parenting even harder in the future. But it is far from the only way, and it is frequently not the best way. ADR is often a better choice. If you’re looking for a way to avoid the stress of court while still protecting your parental rights, ADR may be the right choice for you.
What is ADR? Alternative dispute resolution, or ADR is the term used to describe a set of techniques used to resolve disputed issues outside of a courtroom. ADR processes can be used in almost any type of legal dispute, but they are particularly valuable in family law disputes. Let’s talk about why that is, and the different types of alternative dispute resolution available to help you resolve disputed issues in your family law case.
Why ADR is Helpful in Family Law Disputes
To understand the value of alternative dispute resolution in family law cases, it helps to understand what litigation does and does not do. Litigation involves presenting evidence and testimony to a court and relying on the court to make the best decision. It is, necessarily, an adversarial process. You want the court to rule in your favor; your opponent wants the court to rule in their favor.
An adversarial approach is fine in situations in which the issues aren’t deeply personal or emotional (like the terms of a sales contract) or in which the parties will not need to work with one another moving forward. But few things are more emotional or personal than a divorce or custody dispute. And if there are minor children involved, the parties—the parents—will need to work together to continue co-parenting their children.
The adversarial nature of litigation may resolve the conflict at hand, but in the process destroy any remaining goodwill between co-parents. Without at least a cordial relationship between parents, co-parenting suffers—and so do the children. ADR provides an avenue for ex-partners or parents to work toward solutions that work for both of them and their family outside of court, even when there is an existing court case.
Types of Alternative Dispute Resolution in Ohio
Depending on your needs, there are a variety of ADR techniques that could be used to resolve disputed issues in your family law matter. Instead of going to battle in a courtroom, ADR provides you the tools necessary to take control of your case and work toward a solution that fits your family’s needs. There are several options available through ADR processes in Ohio, including:
Mediation
Mediation is an ADR process in which the parties work with a neutral third-party mediator to develop a settlement that, ideally, serves the interests of both parties. The mediator does not make suggestions or rulings, but facilitates communication between the parties so that they can reach a solution that works for them. Mediation agreements do not become binding on the parties until a court approves the terms.
Collaborative Law
In Collaborative law, parties to a family law dispute work with lawyers who have special training in this type of dispute resolution. Parties commit to full and honest disclosure throughout the process and work to resolve issues in a series of four-way meetings with their lawyers and other professionals such as a financial neutral. When the parties resolve all disputed issues, they can submit their agreement to the court for approval. Should the process break down and the parties resort to litigation, they cannot use information gained in the Collaborative process against each other in court, nor can they be represented by the same attorneys.
Parenting Coordination
Parenting coordination is a form of ADR often ordered in Ohio when parents in high-conflict cases frequently turn to the court to resolve disputes. Parenting coordination can be helpful to manage ongoing disputes about issues such as parenting time schedules or communication.
Either at the request of the parties, or on its own, the court will appoint a parenting coordinator, often an attorney, who has special training. The parenting coordinator is a neutral third party whose primary role is to help parents resolve parenting disputes without having to go to court. While a parenting coordinator cannot modify court orders such as custody orders, they can make temporary decisions on minor issues. The court retains oversight of parenting coordinator decisions, so the parties can request a review of these decisions if necessary.
Early Neutral Evaluation (ENE)
Often, parties cling to their positions because they believe that when they go to court, a judge will find in their favor. Early Neutral Evaluation is a process in which a neutral evaluator with subject matter knowledge (like a child development professional or an attorney) evaluates the evidence on a disputed issue and helps parties understand the likely outcome if the issue were to go to trial. This knowledge often gives parties a more realistic perspective on the strength of their case, and promotes settlement before trial.
Benefits of Alternative Dispute Resolution
As mentioned above, one of the primary benefits of ADR is that it tends to reduce the conflict involved in protracted litigation. But there are many other advantages as well. Alternative dispute resolution typically places more control over the resolution of an issue in the hands of the parties. That’s important for multiple reasons. No judge, no matter how well-informed, can understand your family’s needs as well as you do. Imagine finalizing your divorce or custody arrangement with less stress, less expense, and more control over the outcome. Instead of a stoic judge deciding your family’s future, you and your ex work together to craft a plan that works best for your family’s needs. By reducing conflict, you make co-parenting easier for each other.
Your children see their parents working together instead of fighting through the courts. ADR is what makes this possible. Having more control over the outcome of your dispute likely means you will craft an outcome that is better for your family. In addition, if you have played a more active role in resolving a disputed issue, you will likely be more satisfied with that decision—and more likely to abide by it. Going through an ADR process such as mediation or Collaborative dispute resolution can also enhance your communication skills, making it easier for you and your co-parent to work together and resolve issues in the future. But for most people, the biggest benefit of alternative dispute resolution is that it is usually less expensive than ongoing litigation—often significantly less expensive. That may mean that you pay thousands less in legal fees for a result that you are more satisfied with.
Contact an Experienced Ohio Divorce and Family Law Attorney
If you would like to minimize conflict in your divorce or custody case, consider speaking with a family law attorney to have the various types of ADR explained in detail and to discuss your options. When you have a dispute, and want to avoid the mess of a drawn-out court battle, Alternative Dispute Resolution can help. ADR works, whether you’re considering divorce, custody arrangements, parenting plans, or something in between. The legal team at Melissa Graham-Hurd and Associates, LLC is well-versed in putting alternative dispute resolution to work for our clients. From our office in Green, we work with clients in Summit and Stark Counties, Ohio. Schedule a consultation today to learn more about how we can help you determine the best approach to resolving your family issues.
