This post is the final post of a 4 post series on alternative dispute resolution. If you haven’t read parts 1, 2, and 3 yet, I recommend you do so before continuing.
Benefits of Alternative Dispute Resolution (Continued)
Alternative dispute resolution is about working together towards solutions that are mutually beneficial. The court system, on the other hand, intentionally creates an adversarial relationship in order to function. The lower stress levels involved in ADR are especially advantageous in divorce cases involving children. When conflict is minimized, it generally makes the transition smoother, and in the long run less emotionally damaging for kids.
Too often in a litigated divorce the spouses go through a bitter battle only to end up with an outcome neither of them are happy with. When you go through litigation, or even arbitration, you give up control of the outcome to a third party. Statistically, the rulings in a divorce process are much more likely to hold up if the parties agreed to them rather than them being imposed by a third party.
While some documents are always going to become part of public record, ADR allows for a much greater degree of confidentiality than a litigated divorce – or any other dispute for that matter, be it personal or business related.
When Not to Use Alternative Dispute Resolution
As much as ADR has gained in popularity, there are still plenty of divorces and other disputes going through the court system, and for many of them that’s probably best. In some cases, there’s simply no other way to ensure your rights and interests are protected – the case must go to court.
A Skilled Litigator and Experienced Collaborative Professional
No two cases are alike. Whether you need divorce mediation or arbitration, a collaborative divorce, or a traditional litigated divorce, PJ Hartman has the skills, experience, and professional network necessary to take your case from start to finish.