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Alternative Dispute Resolution in Family Law
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Collaborative Law
A legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children.
Conciliation
A form of ADR where a conciliator meets with the parties separately in an attempt to resolve their differences. They play a more active role in bringing the parties together and suggesting solutions.
Summary Jury Trial
A process that mimics a jury trial in a shorter form to provide the parties with a potential jury reaction to their case, which may lead to a settlement.
Mediation
A collaborative process where a neutral third-party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques.
Caucusing
A technique used in mediation where the mediator meets with each party privately to discuss the issues at hand and the possible resolutions. The mediator goes back and forth between parties to facilitate negotiation.
Settlement Conference
A meeting ordered by the court or initiated by the parties to discuss settlement of a case, overseen by a judge or a neutral party.
Mini-Trial
A voluntary, private process where the parties present a summarized version of their case before senior management or other decision-makers, who attempt to negotiate a settlement.
Child Custody Evaluation
An assessment process in which a mental health professional evaluates the family and makes a recommendation to the court regarding custody and visitation rights.
Parenting Coordinator
A trained professional appointed with the consent of the parties or by the court to assist them in resolving issues related to parenting.
Parenting Plan
A document created and agreed upon by parents outlining how they will continue to care and provide for their children after they separate or divorce.
Case Management
A process that includes early court intervention, judicial supervision of case progress, and the use of timelines and court-ordered ADR techniques to encourage settlement and more efficient case resolution.
Arbitration
A form of ADR where a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.
Financial Neutral
A professional, often a CPA or financial analyst, who works in collaborative divorce cases to neutrally assess the financial situation and provide financial planning advice.
Early Neutral Evaluation
An ADR process that provides parties with an early and frank evaluation by an objective observer about the merits of their case.
Neutral Evaluation
A non-binding process wherein a third-party neutral evaluator assesses the strengths and weaknesses of each party's case to help them reach a settlement.
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