Welcome to Waterous ADR
Resolving disputes outside of the courtroom has always been our primary goal. If you are interested in a collaborative approach to resolving your family law issues, please consider Waterous ADR – our Alternative Dispute Resolution process.
When to use ADR
Whether or not you use an ADR method should be decided sooner rather than later. Often spouses become convinced that they are right and the other spouse is wrong. As the dispute continues, it becomes harder to reach a solution that is agreeable and satisfies both spouses, making the switch to an ADR method difficult.
Why use ADR
- Courts are often backlogged with cases
- Litigation is public and can be expensive
- The ADR process is private and may save both time and money
- You are involved in setting mutually acceptable guidelines and expectations
- You have a voice in the process
- You have a chance to preserve the relationship
- You will know that you did everything possible to bring about a positive outcome
There are several ways to resolve your family law issues without going to court. We call this non-court settlements or Alternative Dispute Resolution (ADR).
Here are the most common ways to reach a settlement without going to court:
Collaborative Law
Collaborative Law is a way for spouses to reach a settlement without the threat of legal action. Each party signs an agreement saying they will not go to court. Lawyers with specialized training in collaborative law assist the parties. If for some reason the process breaks down, the participating lawyers are forbidden from representing a party in court.
Negotiation
Often problems or disputes between spouses can be resolved through negotiations. The spouses can get together, in appropriate circumstances, to discuss their family law issues and reach a mutually-acceptable solution. Family law issues can be complicated and you may prefer to have a lawyer help you negotiate or negotiate on your behalf.
Mediation
Mediation is a way of resolving a dispute with the assistance of an unbiased, impartial person. The Mediator’s role is to assist each spouse in their negotiations. The goal of a mediator is to find mutually acceptable solutions to the family law problems. The mediator does not decide who is right or wrong. A Mediator cannot force a spouse to settle the dispute or accept a particular solution. Both spouses must agree to the solution. After you have agreed on a solution, you should each consult with your own lawyers to ensure your legal rights are fully protected.
Arbitration
Arbitration is a way of having a dispute decided outside the courts by taking it to a mutually-agreed upon person or panel of persons. The arbitrator or arbitration panel will make a decision and the parties agree to be legally bound by it.
Med-Arb
Med-Arb is a hybrid approach to dispute resolution. The process begins with mediation and, if the issue is not resolved, the mediator assumes the role of arbitrator and guides the process to a binding decision.
