Alternative Dispute Resolution (ADR) in Parenting

In a co-parenting situation after divorce, disputes regarding various aspects of the parenting plan can arise. Addressing these conflicts constructively and efficiently is essential for maintaining a healthy co-parenting relationship and ensuring the well-being of the children.

What is ADR in Parenting?

Alternative Dispute Resolution (ADR) refers to a range of processes and techniques used to resolve conflicts and disputes outside of traditional courtroom litigation. ADR methods include mediation, arbitration, collaborative law, and parent coordination/consulting, among others. These processes are typically less formal, more flexible, and can be quicker and more cost-effective than going to court. ADR aims to facilitate constructive dialogue, promote cooperative problem-solving, and reach mutually acceptable agreements that prioritize the best interests of all parties involved, particularly in family and co-parenting situations.

How is ADR Addressed in Parenting Plans?

In many jurisdictions, courts require the use of Alternative Dispute Resolution (ADR) methods before parents can file a motion regarding disputes in a parenting plan. This requirement is in place because ADR processes are designed to resolve conflicts more amicably and efficiently than traditional litigation. By encouraging or mandating ADR, courts aim to reduce the adversarial nature of disputes, lower legal costs, and expedite the resolution process. ADR also allows parents to work collaboratively with the help of neutral third parties to find solutions that best meet their children's needs, fostering a cooperative co-parenting relationship and minimizing the emotional impact on the children. Requiring ADR before court intervention helps ensure that all reasonable efforts have been made to resolve conflicts amicably, reserving judicial resources for cases that truly require formal legal adjudication.

In almost all circumstances, when a dispute arises, parents should first attempt to resolve the issue on their own, utilizing any established parameters from their parenting plan (like communication norms and working with prior neutrals who have experience with this particular situation). Open, respectful, and solution-focused dialogue can often address and resolve disagreements effectively. However, if the parents are unable to reach an agreement independently, the ADR processes outlined in the parenting plan typically should be attempted before seeking court intervention or retaining an adverse parenting expert.

ADR Options in Parenting

One of the most common ADR options is to jointly consult with a mutually agreed upon neutral parenting expert or mediator. This professional can help the parents determine the children’s needs and recommend solutions that are in the best interests of the children. The neutral expert facilitates discussions, offering unbiased insights and helping the parents navigate their disagreements

In addition to mediation and collaborative law, there are several other types of Alternative Dispute Resolution (ADR) processes that parents can utilize to resolve disputes. One such option is the use of a Parenting Consultant, a neutral professional who assists parents in making decisions about child-related issues. Parenting consultants offer guidance, make recommendations, and can even make binding decisions if authorized by the parents. Different jurisdictions have regulations around use of these professionals and their decision-making authority.  Arbitration is another ADR method where a neutral third party, the arbitrator, listens to both sides and makes a binding decision to resolve the dispute. This process is more formal than mediation but less so than a court trial, offering a quicker and often more cost-effective resolution. Parent Coordination involves a trained professional, often a mental health expert or attorney, who helps manage ongoing parental conflicts and improve communication. Parent coordinators work with both parents to implement the parenting plan, resolve disputes, and ensure compliance with court orders, making recommendations or decisions as needed. These ADR options provide structured, yet flexible approaches to conflict resolution, helping parents maintain a cooperative co-parenting relationship while prioritizing their children's well-being.

Benefits of ADR

Using ADR options provides several benefits. ADR processes are typically less adversarial than court litigation, reducing stress and fostering a more cooperative co-parenting relationship. ADR can be more cost-effective than court proceedings, saving time and legal expenses. These alternative processes often allow for more flexible solutions tailored to the specific needs of the children and family dynamics. These processes are also usually private, protecting the family’s confidentiality and reducing the public exposure of sensitive issues. If you can reach decisions on your own, without court intervention, you can typically keep the information private and avoid the cost and hassle of litigation.

Implementing ADR options in a co-parenting situation after divorce can significantly enhance the ability to resolve disputes amicably and efficiently. By considering neutral parenting experts, mediators, and other ADR methods, parents can maintain a cooperative approach and prioritize their children's well-being. Establishing clear processes for selecting and engaging ADR professionals ensures that conflicts are managed constructively, fostering a positive and supportive co-parenting environment.

See the module on Alternative Dispute Resolution to learn more.