What Are Our Divorce Options If ADR Did Not Work?

 Posted on October 13, 2016 in Divorce

Alternative dispute resolution (ADR) can provide a divorcing couple with an efficient, reduced-conflict path to a mutually-satisfying divorce settlement. However, it is not the right choice for every couple. Sometimes, divorcing through an ADR method like mediation or collaborative law can seem like the right choice, but then prove to be impossible for the couple to complete once they actually begin the process. When this happens, the couple must explore other options for completing their divorce. Sometimes, a couple can try ADR again with greater success. In other cases, litigation is the right choice.

Try Working With Another Mediator

When you choose to divorce through mediation, you and your spouse work with a mediator, a neutral third party professional, to reach a mutually agreeable divorce settlement. Mediators are human beings and, as such, not every mediator is a good fit for every couple. You might feel like your mediator has a bias or is not guiding your divorce discussions in a way that makes you feel empowered. If this is the case, it is perfectly acceptable to stop the process and restart it with another mediator.

Before choosing to try mediation a second time with a new mediator, talk to your lawyer about why the first mediator did not work out for you. Determine whether your issue truly was with the mediator's style of guidance and not with your relationship with your spouse or the issues at hand in your divorce – if either of the latter options is true, mediation might not be the best way for you to complete your divorce.

You Might Have to Go to Court, Which Could Mean Retaining a New Lawyer

If you tried a collaborative divorce and it did not work out, litigation might be your only option for completing the divorce process. In this case, you might need to work with a new lawyer. Your collaborative divorce lawyer might not have experience handling divorces through litigation and even if he or she does, you will most likely be required to sign an agreement stating that if your collaborative divorce is not successful, your working relationship with your lawyer is terminated. Discuss this with your lawyer before you begin the collaborative divorce process.

Restarting your divorce with the intention of resolving it through litigation means starting completely from scratch. Although you may enter the process with a few ideas in mind you were able to work through during your collaboration effort, the bulk of your settlement will need to be determined by the court.

Work With an Experienced Kane County Divorce Lawyer

For legal guidance with any aspect of the divorce process, such as determining whether ADR is right for you or determining what to do if you have tried ADR unsuccessfully, speak with one of the experienced Kane County divorce lawyers at the Goostree Law Group. Contact our office today to set up your initial legal consultation with a member of our team.

Source:

https://www.law.cornell.edu/wex/alternative_dispute_resolution