What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution (ADR) offers a private, flexible, and often more efficient alternative to traditional court proceedings in divorce cases. With the right approach and professional guidance, ADR can facilitate amicable resolutions, respecting the privacy and preferences of all parties involved.
ADR encompasses a variety of options designed to resolve disputes—such as child arrangements or the division of property upon separation—outside the formal court system. ADR methods include mediation, arbitration, collaborative practice, solicitor-led negotiations, private Financial Dispute Resolution (pFDR) hearings, Early neutral evaluations, and Resolution Together, each offering a valuable approach to achieving a resolution.
How does ADR work?
Mediation is a process whereby a neutral (ideally lawyer) mediator is appointed to facilitate negotiations between the parties, typically through a series of meetings, aiming to culminate in a mutual agreement. Mediation can be conducted in separate spaces for each party, known as ‘shuttle mediation’. Mediators do not provide advice to either party but can explain what the law is.
Collaborative law involves parties and their collaborative-trained lawyers engaging in roundtable discussions to negotiate an agreement, combining legal representation with the benefits of avoiding court proceedings.
Solicitor-led Negotiations are conducted via correspondence or telephone, with each party’s solicitor negotiating on their behalf to reach an agreement.
Private Financial Dispute Resolution Hearing (pFDR), a growing popular form of ADR, mimics court proceedings without actual litigation. Conducted by a privately selected FDR Judge, it aims for settlement post-full financial disclosure.
Resolution Together allows for joint legal advice from one lawyer across multiple meetings, providing a unique cooperative approach to dispute resolution.
Early neutral evaluation is a process whereby a family law specialist is instructed at an early stage to provide a neutral view on the issues in hand.
Arbitration again mimics the court process save it is a private forum. An arbitrator is chosen by both parties to work with them in their matter culminating in the arbitrator making a binding award or decision. It provides an authoritative resolution but in a less formal setting than court – and therefore hopefully less cost and delay.
What are the benefits of ADR?
Opting for ADR offers numerous benefits:
Parties retain the autonomy to select their specialist mediator, arbitrator, or private judge.
A consistent individual leads the process, offering predictability unlike the variable judges in court cases.
The ADR process offers flexibility in scheduling and location, catering to the parties’ convenience.
Preparation by ADR professionals is thorough, ensuring a well-informed understanding of the case, contrasting with the time constraints faced by public court officials.
ADR ensures confidentiality, safeguarding the details from public exposure and media scrutiny.
Expedited resolution through ADR minimizes stress and can be more cost-effective than traditional court proceedings.
It is imperative, for ADR to be effective that both parties engage with a genuine intent to resolve disputes and with complete transparency. If concerns arise regarding power imbalances, intimidation, or lack of cooperation, reevaluating the suitability of ADR may be necessary.
The new family court practice rules are looking to enshrine the ADR route as the court system is overloaded and becoming increasingly slow and ineffective.
This article is intended for the use of clients of Hawkins Family Law and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.
Nicola Lawis, Hawkins Family Law