Our client has a question about a friend's divorce. He wonders what "ADR" is, because his friend said it was helpful in his divorce. Briefly describe at least three of the methods of alternative dispute resolution, noting their differences.

Question

What will be an ideal response?

Answer 1

The first type of ADR discussed was the settlement conference. Lawyers for both parties and their clients meet with the goal to settle matters without court intervention. Parties using this method can tolerate being in the same room with each other, share equal bargaining power, and do not require assistance from mental health professionals. 
Mediation is another ADR choice. It is a more structured process whereby a neutral third party aids the parties in resolving their differences such as alimony, child custody, and visitation. It is either voluntary or mandatory. Once the mediator has facilitated the process, a nonbinding memorandum of understanding is written containing the agreement of the parties. This agreement is then taken to their attorneys, who will prepare a formal separation agreement to be filed with the court and incorporated or merged into the divorce decree. 
The collaborative divorce is the newest concept in ADR. It is a team approach employing the services of financial and mental health professionals, and other professional experts, as needed. Parties and their attorneys, before this process begins, sign a nonlitigation agreement. If parties do not agree with the finding of this group endeavor, the parties can still take this matter to court but without the benefit of those attorneys that assisted in this ADR process. The parties must hire new counsel, and all experts and professionals used are disqualified as trial witnesses along with their work product. In essence, parties must start over.
Arbitration allows the parties to present their evidence before a neutral third party who will render a decision. The arbitrator's opinion is called an arbitration award. Depending on the law of the jurisdiction, and or the decision of the parties, this award can either be binding or nonbinding. If it is binding, it will be filed with the court and treated as if the matter had been tried before the judge. This is not available in all jurisdictions.