What is ADR?
The
term Alternative Dispute Resolution (ADR) is used to describe any means used by
the parties in a court case to reach an agreement, rather than litigating the
matter in court. ADR may include, but is not limited to, Mediation, Arbitration, Settlement Conference, or Late Case Evaluation. The use of ADR is especially helpful in family law matters
since the parties are able to negotiate the factors which are most important to
them and come to a mutually agreed upon resolution, rather than battle every
aspect of the case in court.
You Determine the Outcome
There
are several reasons why the resolution focused ADR approach is more favorable
than the hostile nature of litigation, especially in a family law matter. One advantage
of ADR is when the parties negotiate an agreement, they are able to stipulate
terms which are agreeable to them, rather than allowing the judge to decide the
outcome.
Collaborative Not Adversarial
Second,
the adversarial nature of litigation is likely to have a negative impact on the
relationship of the parties moving forward. ADR allows the parties to work
together, in a collaborative nature, toward an acceptable agreement for both
parties. Future encounters can be more amicable when the parties are not
required to hash out their dirty laundry as testimony in open court. The approach
parties use to resolve their case will not only influence their future relations, but will
also influence any children involved.
Cost
Coming
to an agreement on fair terms saves the parties a substantial amount of time and
money. Since attorneys bill for their time, you can save a considerable amount
of money by settling the case. Preparing for a hearing and appearing to court will
take your attorney and their staff a sizable amount of time and cost you a
sizable sum of money. Meriwether & Tharp encourages our clients to be
resolution focused because a quick and cost-efficient case is best for
everyone.
Written
by: Rebekah Ann James