The Benefits of Alternative Dispute Resolution

In all areas of law, alternative dispute resolution is becoming increasingly popular. Resolving disputes outside of the courtroom tends to be cheaper, less stressful and lets litigants maintain control of their dispute.

Family law is particularly well-suited to forms of alternative dispute resolution. The litigants at some point had a deep personal relationship with each other, and if they have children, will continue to be in each other’s lives for years. There are obvious benefits to resolving disputes as amicably as possible.

Staying out of court is almost always the best solution for families.  

In the first place, it lets spouses stay in control of their own lives. Parents should be working out parenting arrangements themselves. It really makes little sense for them to hand their lives, and their child’s life, over to a Judge who they have never met, and then ask that Judge to make decisions that will affect their family forever. Usually after court one spouse is very unhappy with the outcome, and has lost control of their life. Settlements may not be perfect, but there will not be a “winner” and a “loser”.

Secondly, the odds of preserving any sort of civil relationship between parents are slim when they have been through a contested court process. Publicly airing dirty laundry, taking extreme positions and forcing extended family members to choose sides can be emotionally damaging for the family. After court, parents still have to have contact until their children are grown, and obviously the more the relationship can be preserved the better. 

Thirdly, alternative dispute resolution is almost always less expensive than court, sometimes significantly so. This is true even when lawyers are part of the process. Separations in themselves tend to cause financial hardship for both spouses as they must split one household into two with the same family income. It makes little sense to embark on costly litigation at such a difficult time unless absolutely necessary.

Fourthly, forums other than court tend to allow for flexibility and creative solutions to problems. Parents may want to sort out holiday customs and schedules in great detail, try taking turns living in the marital home or divide up a book collection one by one, and it is simply not cost effective, or even possible, to do that in court.

Fifthly, a final resolution agreed to by the spouses is far more likely to be followed by them, as opposed to a court order. This is not a complicated psychological concept. If a spouse agrees to something, obviously they are going to be more willing to go along with it. On the other hand, if they had a Judge force it on them, they’re more likely to try to figure out some way out of or around it.

Lastly, alternative dispute resolution is better than court for some personality types. Spouses prone to anxiety or who do not deal with stress well may find court overwhelming. People who are very timid or shy, or overly talkative, or slightly eccentric, tend not to do well in court. They can present poorly when testifying and run the risk of the Judge making incorrect assumptions about them.

There are so many benefits to alternative dispute resolution that it has to be seriously considered by anyone considering taking a family law case to court.