Mediation and Alternative Dispute Resolution

At Trace Tyler, we understand that divorce is not easy. Our divorce attorneys at the Grand Junction, CO are well-trained in ADR and divorce litigation. We will walk with you through this difficult time. For more information or any inquiries, call our office today for a quick consultation.

Divorce often leads to a complex process involving several critical legal decisions concerning the division of family property and material interests, child custody, parental rights, and financial support. Understandably, the process can be quite stressful, even more so if you take it directly to court.

You can avoid the anxiety-inducing court confrontation through Mediation and Alternative Dispute Resolution.

Trace Tyler Complex Process of Mediation

Let’s Define ADR

Alternative Dispute Resolution (or “ADR”) refers to the different processes to make a settlement without having to go to court. Through ADR, divorcing couples can save a significant amount of money and time compared with settling in court. It can also help the couple to avoid emotional stress in the process.

Together with their lawyers, the two parties have a choice to make an agreement between themselves or to get a mediator or arbitrator to help with the case. There are alternative dispute resolution processes such as mediation and conciliation.

Different Types of ADR

1. Negotiation

Negotiation is an informal process where the divorcing couple tries to work out an agreement with the help of lawyers. In some cases, there might only be one person between the two who would have a lawyer. Most couples are able to settle during the negotiation stage. If you are in this stage, ensure that your negotiation is properly documented and signed by both parties to avoid future complications.

2. Mediation

In this process, the informal dispute discussion is managed by a highly-trained, neutral third party known as a mediator. It aims to facilitate discussions concerning the dispute issues and encourage both parties to resolve them and reach an agreement. A mediator works to point out their findings and suggest feasible solutions to both parties rather than imposing a decision.

Mediation has been proven to be successful in helping couples reach agreements concerning important decisions like alimony, child custody, and child support. With that said, you should consider this type of ADR before any court proceedings. The discussions are confidential and cannot be used during litigation.

3. Collaborative Family Law

Collaborative law is a new addition to ADR. In this process, you and your former partner will work together with your lawyers (and possibly a neutral psychologist and financial expert) to resolve the family law issues at hand outside of litigation. This works differently from how lawyers usually defend their clients in court. All individuals involved will focus on reaching the best solutions rather than settling for positional-based negotiations.

This process can be faster and more relaxed than going to court. However, this can only work if both parties have mutual respect and are able to work together to solve their issues. This is also a cheaper alternative but only divorcing couples who afford a lawyer can work with this ADR type.

Lawyers must be trained in collaborative law to be successful in facilitating the process. Both of you must also sign an agreement that the case will not be brought to court.

Benefits of ADR

Before going to court, lawyers encourage divorcing couples to resolve the issues through alternative dispute resolution, mediation, and conciliation for reasons including but not limited to the following:
  1. It is faster, less costly, and less tedious
  2. ADR focuses on what is important to both you and your former partner.
  3. You and your former partner can have control over the outcome.
  4. ADR is more flexible and less adversarial than divorce litigation.