Alternate Dispute Resolution
Cheaper, Friendlier Divorce? It is Really Possible?
Alternate dispute resolution or alternative dispute resolution is a relatively new way to approach family law conflicts. It is possible to work out difference with your former spouse or common law partner without entering into the adversarial system. This system, sometimes called ADR can produce better results, reduce stress, cost less and leave people in a better place than traditional court based family law litigation. The Calgary, Alberta lawyers at Kahane Law Office can help with Alternative Dispute Resolution.
What is Alternate Dispute Resolution?
Alternate dispute resolution is a way of negotiating and settling your family law disagreements. There is even an alternative dispute resolution institute in Alberta. They involve lawyers who work with both people in a relationship. Its intention is to have both people work together to find a result that works for both of them. There are two main types of alternate dispute resolution in matrimonial legal matters:
Family Law Mediation
The mediation process involves only one lawyer. Due to only one lawyer being hired, the couple immediately saves money. The lawyer works with the couple, explaining the law and their rights and legal obligations in their situation. The lawyer works with both parties to try to reach a mediated settlement. To learn more about mediation in family law click here.
Collaborative Family Law
Collaborative law involves two lawyers. One represents each party to the relationship. There family law lawyers are trained to work together, representing their own client, in a collaborative way. They collaborate (work together) to find the best results with minimum stress. Learn more about collaborative law here.
What happens if Alternative Dispute Resolution Fails?
By entering a form of alternative dispute resolution, you do not give up your right to go to court. If ADR cannot help you and your partner reach a resolution you can both live with, then the legal system is still an option. If you used mediation,then the lawyer who was mediating the negotiations will not be able to act for you. This is not the case with collaborative law.
What Happens After Successful ADR?
Once you have reached a successful settlement, you can go on to enter into a separation agreement that reflects the terms of your settlement. From there, if you chose, you can go on to divorce and the divorce judgment terms should then reflect these same terms. As, after alternate dispute resolution, there should be no more outstanding issues, an <a