Alternative Dispute Resolution (“ADR”)
Mediation can be used either instead of litigation or as a part of the dissolution process. It is a form of ADR where both parties (either with legal counsel or without) meet with a neutral third party trained in the process of mediation and work towards settlement.
A skilled mediator is responsible for listening to each side and facilitating the discussions and negotiations with the main goal of resolving the matter without the need for litigation. While the mediator can give you their suggestions, instincts, and recommendations, they are NOT a judge and their decisions are not final. Cases often benefit from the privacy and opportunity to explore issues with each other and experts outside the courtroom.
At Allen & Glassman, Chartered, we are not only experienced in advocating for our clients during mediation, but we are also trained mediators ourselves. So, whether you are looking for representation or a mediator, we at Allen & Glassman, Chartered are true believers in amicable resolutions and work towards that whenever possible.
Arbitration uses a neutral third party in a less formal process than court to assist in deciding certain issues; however, unlike mediation, the decisions made in arbitration are binding.
If parties want to settle and are each knowledgeable about the assets and considerations involved, good lawyers can help to negotiate a fair settlement.
A couple divorcing does not immediately have to fear the costs and conflicts of a trial, although, of course, divorce always has uncertainty until its over, but we at Allen & Glassman, Chartered settle those cases where it is doable and advisable which is 85% - 90% of the time; but when and if trial is necessary, we are skilled litigators as well.
There are many variations of ADR and sometimes couples use a combination of mediation on some issues like parenting or support and arbitration on issues like valuation or asset division. Sometimes arbitration can require almost as much preparation, expertise, and courtroom skills as a trial, so we at Allen & Glassman, Chartered can guide clients to decide what is most effective and economical for their situation.