CHAPTER SIXTEEN

Mediation and Other Alternatives

Steve decided to divorce Rosalyn after Rosalyn admitted having an affair with a coworker. Both parties are angry with each other and seek sole custody of their children, a boy, 8, and a girl, 10. Before having a contested trial on custody, the court requires that they attempt mediation. The mediator will try to help Steve and Rosalyn focus on what is best for the children and to come up with a solution that seems best for them and their children. The mediator, however, cannot force a settlement.

Working with lawyers and courts is not the only way of resolving disputes. As people tire of the time, expense, and adversarial nature of litigation, both non-lawyers and lawyers have sought other means of solving problems. Methods of solving problems that do not involve going to court to have a judge decide the issue are referred to as alternative dispute resolution (ADR).

Many methods of ADR are used in conjunction with court proceedings. For example, if a couple seeks a divorce, they may use a mediator to help them resolve issues of custody, property, and support, but the couple will still need to go to court to have a judge enter an order officially ending the marriage.

There are several alternative ways of resolving family law disputes. Mediation is the most common. It will be discussed first, followed by advisory opinions, and arbitration. Another option--collaborative law--was discussed in the last chapter.

• Mediation
• Advisory Opinions
• Successful Settlement Conferences
• Arbitration