Serving families from our law office in Red Bank, NJ
Alternative Dispute Resolution (ADR), also known as Complementary Dispute Resolution (CDR), has become a more frequent method for attorneys and their clients to achieve settlement and reach agreement without having to argue the case in court. ADR can consist of:
- Mediation, where an impartial “mediator” helps the disputing parties reach a peaceable agreement by exchanging information, discussing, and exploring alternatives.
- Arbitration, where an impartial “arbitrator” is granted final decision making authority and acts as a judge. The arbitrator hears the testimony and arguments from each side, considers the evidence and any expert reports, then renders a decision that is final and legally binding. The choice of the arbitrator, as well as the term of his or her decision making authority, is determined in advance by a contract between the parties.
ADR is frequently utilized in family law cases, because going to court is both expensive and emotionally draining. ADR tends toward creative, unorthodox dispute resolutions, often saving all parties involved time, money, and most importantly, the emotional cost of a court proceeding. Many courts assign ADR to family law cases before the case is ever heard by a judge, because it is proven to be an effective and powerful way of maintaining healthy relationships and reducing the burden on the court system.
Atkinson & DeBartolo, P.C. has extensive expertise in guiding clients through the various kinds of ADR, and in helping select a truly impartial facilitator for their dispute. In many cases, ADR is the best strategy going forward because it:
- Takes less money and time than going to court.
- Allows you to resolve your issues directly with your spouse rather than have a judge determine what the resolution should be.
- Gives you a sense of control during the dispute resolution process.
If you feel like your ADR process would be improved with the help of a skilled attorney, or you have questions about the details of your ADR, come into Atkinson & DeBartolo, P.C., and we will sit down and talk about your situation in detail and explore your options for the most efficient and cost effective dispute resolution process for you.