Divorce and Alternate Dispute Resolution

At the Orange County Law Office of David P Schwarz we are very experienced litigators with lots of time spent resolving divorce cases in alternative dispute resolution settings. Please contact our office at 949-735-9266 or via the web. We can also be reached at dpslaw66@gmail.com.

“Alternative Dispute Resolution” (“ADR”) is a term covering the full range of techniques designed to resolve disputes short of trial in the public courts.

A Divorce lawyer will assist you in explaining what ADR is. ADR does not replace the court system. Certain cases will always have to be tried in a public forum. ADR complements the court system by making methods available to resolve some disputes at less cost, in less time, and often without the win-lose outcome that characterizes conventional litigation.

A Divorce lawyer will assist you in determing if ADR is a good fit for your divorce case. As there are two ways in which ADR works in the Divorce process. There are Private vs. Court-Ordered ADR: ADR methods include private, voluntary procedures, as well as court-annexed compulsory and voluntary programs:

Private ADR includes evaluating several different factors in resolving you divorce. Two of the motion important are discussed before for success ADR divorce. Hiring the correct neutral third party individual is essential to success.

The first step in voluntary ADR is negotiation which is the most familiar and widely practiced form of dispute resolution. It encompasses all of the efforts the parties make to settle the dispute themselves, either directly or through their attorneys or other representatives, without the intervention of a third party.

The negotiation process is voluntary and nonbinding. It lasts as long as the parties are willing to exchange views on settlement. Negotiation should be considered as the first step in attempting to resolve any dispute.

At the Orange Law Office of David P Schwarz we have been involved in the second type of Divorce ADR which is called mediation. Mediation involves a neutral third party in the dispute resolution process. In mediation, the neutral usually deals directly with the parties rather than through their attorneys. The mediator's function is to assist the parties' negotiations while maintaining their self-determination and autonomy. The mediator helps the parties define the issues, overcome barriers to communication, and explore alternative methods of resolving their dispute. The mediator's key function is to make sure each party is evaluating his or her position realistically.

The mediator does not assign blame or dictate solutions and has no authority to render binding decisions. The parties retain complete control over the process and make their own decisions about what solutions will work for them.

In classic mediation, the mediator generally does not express an opinion on the merits of the case or its settlement value.

At the Orange County Law Office of David P Schwarz we have helped our clients achieve divorces through the alternative dispute resolution process many times. Please contact our office at 949-735-9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

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