Alternative Dispute Resolution (ADR) can help keep things civil as well as avoiding court and spiraling costs.
Divorce, as the Tammy Wynette song goes, is H.E. double L. It is a significant and stressful experience. Not only is it emotionally draining but the process itself can be long and destructive to everyone involved; you, your ex-partner and if you have them, your children.
If you could choose a more peaceful and cost-effective route, why wouldn’t you?
Alternative Dispute Resolution (ADR) can be an infinitely preferable way to resolve differences when couples decide to divorce.
The focus is firmly on discovering how, through considered and sensible discussion, couples can work together to achieve a positive and constructive result.
"Through ADR, couples can often reach an agreement that works especially well for their unique circumstances."
1. It sets a positive environment.
In ADR, mediation involves sitting down in a room with an impartial third party while collaboration is a four-way settlement meeting.
Mediation and collaboration provide a positive environment, allowing couples to strip away the difficulties and focus on and resolve the financial and childcare issues.
Both forums offer a sensible and thoughtful way for both parties to pinpoint the principal difficulties and things causing the most angst.
2. It can help you avoid court
Going to court pits not only you but your extended families against each other. Things will be said that cannot be unsaid which can sour future relationships between the families and children/ grandchildren. What’s really needed is some bridge-building and ADR can help.
3. It can keep your costs down
ADR has increasingly been part of a more creative and less prescriptive agenda in Scottish law firms and has several important advantages.
ADR is much cheaper, often quicker, and less adversarial than court proceedings.
4. It can help you forge a positive future
With ADR, the parties are more likely to resume a more constructive relationship in the future, which, when there are children involved, is the ultimate aim. Through ADR, couples can often reach an agreement that works especially well for their unique circumstances. By taking the priority away from assigning blame or fault on either side and shifting the focus firmly on to discovering how, through considered and sensible discussion, couples can achieve a positive and constructive result.
Jennifer Gallagher, Partner, Family Law
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