To begin with, please tell us a little about mediation and other methods of dispute resolution in family law. What are the processes involved, and what are the principles that underlie them? When we talk about alternative dispute resolution (ADR) in family law, we are referring to any process that keeps the parties out of court. Any potential litigation can be negotiated to resolution, and I try to do that in all of my cases before seeking judicial intervention. In terms of formal alternative processes, there are two main ones: mediation and collaborative law. Mediation is a process by which one neutral person guides the parties toward a resolution that is acceptable to both of them. While used in many legal contexts, mediation is especially well suited to family law both because of the personal nature of the dispute – whether it is divorce, custody, or the negotiation of a prenuptial agreement – and also because often there is the likelihood that this personal relationship will continue in the future, such as when the parties are parents who will continue to share custody of their children. Collaborative law is a process in which both parties retain their own lawyers but pledge not to involve the courts. The process contemplates the use of experts as well as lawyers: financial professionals to assist with budgeting or business valuations; psychologists who serve as child development experts; as well as, in some cases, divorce ‘coaches’, mental health professionals who help the parties navigate the emotions that can prevent them from reaching resolution. The most important principle underlying any alternative dispute resolution process, in my opinion, is a focus on the parties’ underlying interests and concerns rather than their stated positions. These ADR processes are built upon empathy and compassion; it is essential that we, as practitioners, understand what is most important to the individuals involved before we can effectively attempt resolution. In other words, the traditional lawyer-as-advocate role 70 LAWYER MONTHLY AUGUST 2023 ADR in Family Law: When is it Suitable? Thought Leader Most common family law issues can be addressed outside of the courtroom, avoiding many of the financial and emotional costs associated with litigation. How far does this extend, and are there circumstances where ADR is not advisable? Family law attorney Sarah Hechtman addresses these questions in the following interview, wherein we explore the benefits that mediation and collaborative law bring to a wide array of legal matters.
RkJQdWJsaXNoZXIy Mjk3Mzkz