Examples of Alternative Dispute Resolution (ADR) During a Georgia Divorce

Alternative dispute resolution (ADR) is becoming increasingly popular among divorcing spouses in Georgia. These private negotiations are often faster, more affordable, and less stressful than litigated divorce trials. However, not all ADR methods are the same – and spouses should learn the differences between the various options available. A divorce attorney in Georgia may be able to help spouses choose the most appropriate ADR method based on their unique circumstances.

Collaborative Law 

Collaborative law is a relatively new process, and it was invented by a divorce lawyer in the United States. This method allows both spouses to bring their own lawyers to the negotiation table. With assistance from their respective lawyers, spouses often feel more confident about the negotiation process. It often helps to have an advocate “fighting in your corner” when navigating difficult decisions during negotiation.

At the end of the process, the spouses resolve their disputes and create a divorce agreement detailing these resolutions. The agreement becomes legally binding when a family judge reviews and signs it during a straightforward hearing. Like other ADR methods, collaborative law allows spouses to avoid litigation, achieve more flexibility, and exert more control over the process. It is also private, affordable, and relatively quick.

 Mediation 

Mediation is another popular ADR method for divorcing spouses in Georgia. Unlike collaborative law, these negotiations are “refereed” by a single, neutral mediator. This mediator attempts to act in everyone’s best interests. Although the spouses’ lawyers do not oversee these negotiations, they may still be present during the process. However, many spouses choose not to bring their attorneys to mediation sessions due to the increased legal fees involved.

At the end of the process, the mediator suggests various outcomes and dispute resolutions. If the spouses agree to follow these suggestions, they may create a divorce agreement and move on – just as they would during a collaborative divorce. However, they are under no obligation to follow these suggestions.

 Arbitration 

Arbitration is the third main option for spouses who wish to pursue ADR. These private negotiations occur outside of court, and they are led by an “arbitrator.” Like a mediator, an arbitrator must remain neutral and unbiased throughout the negotiation. However, their final decisions are legally binding.

Instead of merely making suggestions about how spouses should resolve their disputes, arbitrators essentially order the parties to make certain resolutions. In this way, an arbitrator is arguably similar to a judge. Aside from this major difference, arbitration shares the same confidentiality, speed, and affordability of mediation or collaborative law.

Can a Divorce Attorney in Georgia Help With ADR? 

Divorce attorneys in Georgia may be able to help spouses pursue an ADR method that matches their unique goals and priorities. However, it helps to choose a lawyer who has specific experience with these processes. Buckhead Family Law has helped many spouses navigate this process confidently – and we have handled numerous cases involving collaborative law. Contact us today to learn more about the next steps.

Sources: 

adr.org/Arbitration

law.cornell.edu/wex/collaborative_law