Alternative Dispute Resolution (ADR) systems use “the community standard of fairness” (laws as judge’s apply them to your circumstances) to mimic a trial’s outcome without trial. Both trial and ADR systems gather financial documents to divide the money and testimony of misconduct to decide custody and parenting time.
1. Facilitative Mediation– The mediator guides the conversation to try to help the parties talk civilly so that they can find their own resolution. The mediator tries to help the parties recognize that their individual story will not be the only evidence and the extreme remedies they threaten each other with will probably not be what the judge decides.
2. Evaluative Mediation– The mediator is an experienced family law trial attorney and helps the parties understand and apply the community standard of fairness to their circumstances.
3. Arbitration– the arbitrator is an experienced family law trial attorney and applies the community standard of fairness to their circumstances just as a judge would do.
4. Collaboration– Each party hires an experienced family law trial attorney who has been specially trained in Collaboration and mediation. The attorneys help the parties apply the community standard of fairness to their circumstances.
5. Negotiation- The parties’ attorneys negotiate settlement before trial.
Non-ADR- Systems using the parties own internal fairness to undo and resolve the conflict.
Transformative Mediation resolves the fear and pain driving the conflict leaving the parties goodness to come into decision making and undo the problem at the heart of the conflict. The facts are known by the parties and shared between them to create fair decisions.
1. Therapeutic Mediation was developed by therapists as a therapeutic conversation.
2. Peace-Making Mediation was created by Gandhi and uses Nonviolence to dissolve the entire conflict. It creates a return to mutual respect, understanding and caring for the needs essential to each life’s thriving. It transforms grudges by recognizing and fulfilling the need missing in the grudge’s creation.
Contact us for a free initial consultation. Let us assist in deciding what the most cost effective method for your purposes should be.