In March, I attended a four day course on collaborative law and mediation. The participants were attorneys, mental health professionals (counselors, therapists, psychologists) and financial experts. The experience was exciting in many respects. It was great to see so many people who are genuinely interested in Alternative Dispute Resolution and helping families resolve their differences in a healthy, productive manner. The couples who take this route of resolving disputes seem genuinely pleased to conclude their “business” with one another and move forward with their lives.  I gained valuable insight from the mental health professionals who I hope will assist me in serving as a mediator, collaborative lawyer or counsel in family law disputes in the future.

The longer I practice family law, the more important I see alternative dispute resolution as a way to resolve differences in family law cases.  Whether a couple is divorcing or deciding upon a custody and visitation arrangement for a child, the path they choose is important.  Alternative dispute resolution gives people an opportunity to make a decision themselves rather than allow a third party to do so.  Most cases that start down the litigation path ultimately settle out of court.  So why not try that path from the beginning of the dispute?

In family law, there is no “one size fits all” approach to resolving a case, but I believe people are ultimately more satisfied with the decision made if they are actively involved in making that decision rather than abdicating this role to a judge.  While we are fortunate in our area to have very good judges, by taking a case to court, you are essentially giving up your right to create the solution.

Clearly in some cases alternative dispute resolution is not a workable solution, particularly if there is abuse; however, we can make that decision together based upon a client’s objectives and the process that suits the situation best.