ADR methods for Divorcing and Separating Couples

What are the 4 primary ADR methods for divorcing and separating couples?

Alternative Dispute Resolution (ADR) offers divorcing and separating couples a range of methods to resolve their disputes outside of the courtroom.  By choosing ADR, couples can avoid the adversarial nature, high legal costs and lengthy timelines often associated with litigation through the courts.

Recent legal rulings, such as the requirement for couples to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court for child or financial issues, highlight the courts and the government’s commitment to promoting ADR as a first step in dispute resolution. Going to court should always be the last option for the majority of situations.

Although there are several methods when it comes to reaching an agreement on parenting and finances as part of a divorce or separation, family mediation remains a favoured alternative and the government have implemented a £500 voucher scheme towards mediation where child arrangements are being discussed.

Let’s take a look at 4 primary methods of ADR:

1) Family Mediation

Family mediation involves a neutral third party, known as a mediator, who helps the couple discuss and resolve issues related to their separation or divorce. The mediator does not take sides or make decisions but facilitates communication and mutual agreement.

This process allows parties to address various aspects of their separation, such as child arrangements, property division, and financial settlement, in a structured yet flexible setting. By focusing on the interests and needs of both parties, mediation aims to reach amicable solutions that work for everyone involved.

2) Collaborative Law

In collaborative law, each party has their own collaboratively trained solicitor. All parties agree to resolve disputes without going to court, focusing on negotiation and cooperation to reach a settlement that works for both sides.

This method emphasises transparency, with both solicitors and clients committing to an honest exchange of information. The collaborative process often includes other professionals, such as financial advisors or child specialists, to provide expert guidance and ensure that all aspects of the divorce are thoroughly considered.

3) Arbitration

Arbitration involves appointing an arbitrator, an independent third party, who listens to both sides and makes a legally binding decision on the disputed issues. Arbitration is more formal than mediation and can still be quicker and more flexible than going to court.

The process typically includes presenting evidence and arguments in a private setting, where the arbitrator has the expertise to understand and evaluate complex issues efficiently. Additionally, arbitration allows the parties to select an arbitrator with specific expertise relevant to their dispute, ensuring that the decision is informed by specialised knowledge.

4) Negotiation

Negotiation allows the parties themselves, possibly with the assistance of their solicitors, to discuss and reach an agreement on the terms of their separation or divorce.

This approach allows the parties to directly communicate their needs and preferences and work towards a mutually acceptable outcome at their own pace. Negotiation can happen in various settings, from informal discussions at home around the kitchen table, to structured meetings with solicitors, making it adaptable to each situation. 

Why Family Mediation is the Preferred Method by Courts and Government

Family mediators cannot provide legal advice.  However, they have a solid understanding of the law, which is beneficial as they help parties consider the factors that courts typically require to be addressed in a divorce or separation. This insight ensures that the discussions are informed and aligned with legal expectations, facilitating a more effective and comprehensive outcome.

Family mediation is widely regarded as the preferred ADR method for several reasons:

Cost-Effective and Time-Efficient

Family Mediation is generally less expensive than going to court. It reduces legal fees and associated costs, making it an affordable option for many couples.

Mediation can be scheduled at the convenience of the parties and typically takes less time than court proceedings. This allows couples to reach resolutions more quickly, avoiding the lengthy delays often associated with the court system.

Control and Flexibility

With family mediation, the parties retain control over the outcomes rather than having a decision imposed upon them by a judge. This autonomy often leads to more satisfactory and tailored solutions that better meet the unique needs of both parties.

Confidential and Less Adversarial

Unlike court proceedings, which are typically public, mediation sessions are private and confidential. This privacy can encourage more open and honest communication between the parties.

Mediation is voluntary and therefore promotes cooperation and communication, reducing the adversarial nature of disputes. This can be particularly beneficial when children are involved, as it helps maintain a more amicable relationship between the parents.

Emotional Benefits

The less confrontational and more supportive environment of family mediation can reduce stress and emotional strain on both parties, encouraging a more positive resolution process.

Agreements reached voluntarily through mediation are more likely to be adhered to by both parties, as they have had a direct hand in shaping the terms.

Summary

The best people to resolve an issue during a divorce or separation are the couple directly involved. Many people have been able to resolve differences, irrespective of the amount involved or the age of the children. Where that is not possible, family mediation is the next logical step to help resolve the matter, as it is a requirement in most cases before court.

If family mediation is not suitable or breaks down, then do consider another of the ADR options, as they help you keep control of legal costs and most importantly, of the agreement reached.