Alternative Dispute Resolution (ADR) In Calgary - www.sknlaw.ca
Nobody goes into a marriage planning on one day getting divorced. Unfortunately, many marriages ultimately end with both spouses deciding to go their separate ways. While divorce is often portrayed in the media as a bitter and harsh process, there are ways to end a marriage without resorting to fighting, arguments and blame. Alternative Dispute Resolution (ADR) is one way to handle divorce to minimize stress on the divorcing spouses and ultimately make it less costly.
Alternative Dispute Resolution Techniques (or ADR process) have grown considerably in popularity in recent years as a way to avoid contentious litigation while ensuring that those going through a divorce still have their rights and best interests protected.
What is Alternative Dispute Resolution?
Alternative Dispute Resolution is essentially any dispute negotiation process whose primary aim is to keep the dispute out of court. This simply means that when divorcing spouses agree to an ADR process, they and their lawyers agree to keep the process out of court, and instead use mediation or arbitration process to settle their case.
Alternative Dispute Resolution Takes Team Work
What makes ADR process unique is that it involves teamwork. The divorcing parties work with a team of specialists that often include child behavior specialists, accountants, therapists, financial analysts and so on. Each spouse will have their own lawyer on hand to ensure that their best interests are still being advocated for. Each spouse and his or her attorney meets directly with the other spouse and his or her attorney to negotiate a settlement. The Parties arbitrate (negotiate) the issues in dispute.
There are benefits to the ADR process which make it a popular option for many divorcing parties these days. However, there is one scenarios where litigation is a better route to get the best outcome in a divorce case. We’ll discuss this scenario later in this article. First, let’s see the benefits of Alternative Dispute resolution.
3 Benefits of Alternative Dispute Resolution
Benefit #1: Alternative Dispute Resolution Tends To Be Cheaper Than Litigation
One great benefit of choosing to divorce through Alternative Dispute Resolution is that it tends to be much cheaper than litigation. Even with a team of specialists involved, the cost is often still less than going to court.
Benefit #2: Alternative Dispute Resolution Addresses Important Details
Another benefit of Alternative Dispute Resolution is that the final divorce settlement is less likely to overlook important details because each party’s interest is covered by professional input from a team of specialists. This means the divorcing parties are likely going to make the best decision during the ADR process before arriving at the final settlement.
Benefit #3: Alternative Dispute Resolution Takes Less Time
The thirst benefit is that Alternative Dispute Resolution also tends to be more time-efficient and less stressful for both parties. The ADR process eliminates the need to go through the whole drawn out process of going to court, attending multiple court sessions, and waiting for the decision of the court.
A Scenario where Litigation is Better than ADR
An important point to bear in mind about Alternative Dispute Resolution is that Trust and respect between both parties is fundamental to ensuring the ADR process works.
the ADR process is unlikely to succeed if the relationship between the spouses is hostile, especially if one spouse fears (or distrusts) the other spouse for any reason; like when one suspects the other will not be truthful about his or her financial situation. In such instance, the power of the court can help level the playing field for the parties involved.
Conclusion
The end of a marriage is a difficult time for both spouses, but that does not mean divorce negotiations necessarily have to make the process even more hostile and stressful.
If you are going through a divorce, it is important you talk to an experienced family lawyer for assistance. We will help you navigate the divorce process so you will understand what your divorce options are and how to protect your best interests while moving forward.
Satish offers professional legal advice and experience drawn from a multicultural background. He has spent his years in practice supporting clients through their family law, business law, real estate law, immigration law and wills and estates matters. He is able to find innovative solutions for his clients thanks to his rich, diverse background, which allows him to examine clients’ legal problems from a variety of different perspectives.
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