Alternative Dispute Resolution

As the name implies, alternative dispute resolution is one alternative to resolving cases in court. There are many types of ADR, and the following types are most frequently used in Family Law.

Child Custody Mediation

Once a child custody case is filed in North Carolina, child custody mediation is mandatory with very few exceptions. Only custody can be discussed, not support or any other claims.  A neutral trained mediator paid by the state meets with the parties or video conferences with them. There are no attorneys, judges, or other third parties. The mediator tries to establish a common ground between the parents with the hope of continuing to build on it to reach agreement on all disputed custody issues. If the parents do reach an agreement, the judge will sign the agreement and it becomes a court order. If they do not, they will proceed to court. The mediator does not make any decisions on their case. The parties are the only decision-makers.

Family Financial Mediation

Before a judge will have an equitable distribution trial to divide marital property and debt, the parties must participate in family financial mediation. Although it is not free, the parties share the cost of paying a neutral mediator which will almost always be significantly cheaper than court. Each party and his or her attorney will be in separate rooms, and the mediator will shuttle back and forth between them. The mediator does not make any decisions on their case. The parties are the only decision-makers.

Family Law Arbitration

Both parties must agree to use the arbitration process instead of the court process. The court cannot require anyone to use arbitration. They typically share the cost for the arbitrator. There are many benefits of using the arbitration process. Getting your case heard much sooner is one great benefit, as is skipping or changing the usual bureaucracy,  Unless the parties agree otherwise, the ruling is finalized by court order as required by law. Settlements can also be kept private because arbitration can be done in an office of one of the attorneys. Just as a judge would, the arbitrator makes the decisions in the case. The arbitrator is the only decision-maker.

Collaborative Family Law

Both parties must agree to participate in Collaborative Family Law instead of the court process. The court cannot require anyone to use CFL.  It is appropriate in only select cases. Instead of adversarial negotiation, the parties and their attorneys make a commitment to work together to figure out solutions for their disputes. They also sign an agreement requiring them to be honest and forthcoming about the matters they will discuss. The system of checks and balances requires the parties to hire new attorneys if one of them decides to litigate. That way, both have a financial investment in working together in good faith. The spouse with better financial resources agrees not to starve out the other spouse financially. Settlements can also be kept private, especially because CFL cases do not address marital fault. The parties are the only decision-makers.