Disputes are common occurrences in divorce settlement negotiations. As both parties begin to review their positions on aspects of settlement distribution and issues regarding child custody and visitation, they may have some areas of disagreement. When the disputes become difficult to resolve, it may be helpful to seek assistance. Couples need to be able to come to an agreement to prevent a lengthy divorce process and to ensure that they can compromise on a solution that is agreeable to both parties.
Alternative Dispute Resolution
Alternative dispute resolution (ADR) is a method of resolving disputes without litigation. There are various types of ADR, including mediation and family dispute resolution. These types of dispute resolution are ways to calm disagreements and help parties come to a compromise about the issues in dispute. By allowing parties to participate in the resolution, they can feel they have had input rather than simply allowing the court to make a decision. In cases where ADR is utilized, the courts generally approve the resolution. Family dispute resolution is a way to facilitate a fair and reasonable outcome.
Family Dispute Resolution
Family dispute resolution (FDR) is a form of mediation that is specifically designed for family disputes. There are a few key aspects of FDR that make it different from basic mediation.
- FDR focuses primarily on family issues such as custody and visitation matters during divorce, with an emphasis on what is in the best interests of the children.
- FDR may utilize a variety of techniques such as negotiation, mediation, and collaborative law.
- FDR agreements are generally non-binding, while agreements reached in mediation are binding.
- FDR may be voluntary, allowing parties to come to an agreement outside of court..
- FDR promotes communication between parents.
- FDR helps parents with disputes regarding parenting plans and co-parenting arrangements.
Family dispute resolution is a more specialized form of mediation that is tailored towards the needs of parents and children as they go through the separation and divorce process. FDR is sometimes helpful in preventing disagreements from occurring, as it facilitates better communication. It provides a confidential method of discussing matters in a format that is more structured. FDR is conducted with a professional who has training and experience working with family divorce cases. Both parties have input into the process and are able to voice their preferences and concerns throughout the mediation.
Benefits of Family Dispute Resolution
There are some benefits to utilizing FDR in a separation or divorce. FDR is often a way to facilitate peaceful communication between parties. It can be used before major disputes arise, making it a viable option for both people. FDR specifically addresses families and children, paying particular attention to what is in their best interests. FDR may offer a way for parties to compromise in order to ensure the welfare of the children. It may help to reduce the length of time it takes to resolve issues and, therefore, may be cost-effective.
For many couples, disagreements throughout the marriage may escalate during the divorce process. Family dispute resolution can help people better work through issues, particularly those that involve the children. Divorce can be less stressful when you seek professional guidance along the way. To learn more about divorce, contact our legal team at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online.