Alternative Dispute Resolution in Oklahoma
Alternative Dispute Resolution (ADR) refers to a set of techniques and processes which are used to settle legal issues outside of the conventional courtroom setting. These methods are becoming increasingly more popular as alternatives to traditional divorce. Common ADR options include mediation and collaborative divorce.
In mediation, a mediator who is an impartial third party helps the opposing parties communicate and negotiate. In a collaborative divorce, both parties collaborate with their respective collaborative divorce lawyers and other collaboratively trained professionals to arrive at a settlement agreement that is acceptable to both parties.
Mediation allows parties to discuss their concerns and establish common ground in an informal private setting. The mediator is a neutral 3rd party who does not represent either spouse but assists them in fostering open dialogue so that the parties can learn about one another’s viewpoints and consider potential solutions. The disputing parties are given more authority over the process and given the opportunity to actively contribute to creating a solution that satisfies their interests. When compared to litigation, mediation frequently saves time, money, and stress, as it eliminates the need for drawn-out judicial proceedings and related expenses. The divorcing spouses may have their own lawyers present with them, or they may engage a mediator on their own without attorneys, and mediation may take one or more sessions to complete. Once an agreement has been reached, a settlement agreement is written by the mediator. Then, the spouses or divorce lawyers draw up the necessary paperwork for filing with the court.
In Oklahoma, collaborative divorce is a private, non-adversarial process that facilitates collaboration and problem-solving with both parties’ involvement. While each spouse has their own collaborative divorce lawyer, these specially trained lawyers cooperate with one another and work together with the divorcing spouses in a team approach to create reasonable, win-win solutions that address each spouse’s concerns and objectives rather than engaging in contentious litigation. When there are complicated financial or child custody concerns involved, collaborative divorce can be especially advantageous. It enables the parties to get along better, which is important when continued collaboration is required, particularly for co-parenting. People wanting a private, non-adversarial divorce process choose collaborative attorneys and collaborative divorce.
Benefits of Alternative Dispute Resolution
The preservation of relationships is one of the main advantages of alternative dispute resolution. Traditional litigation can put a significant strain on relationships, which can make people angry and resentful. On the other hand, ADR procedures encourage dialogue, understanding and respect, which contribute to preserving or even enhancing relationships. This is particularly important in situations requiring ongoing communication, like co-parenting or commercial collaborations.
Another great benefit of ADR is the flexibility it provides. Both parties can modify the resolution to suit their unique requirements and situation. In most court judgments, these types of customizations are not typically possible. Compared to litigation, alternative dispute resolution processes are informal and private, which can help prevent sensitive material from becoming public.
Before a trial, certain courts may order both parties to try mediation. By embracing ADR, Oklahoma encourages a more effective and peaceful method of resolving disputes, reducing the load on the court system and giving people more influence over their own results.
At the end of the day, ADR methods like collaborative divorce and mediation are great alternatives to traditional litigation in Oklahoma. They promote less strife and hostility between partners by promoting open lines of communication, which allows them to come up with tailored situations that work for them. These methods go a long way in preserving relationships, making divorce much less stressful on the parties and children involved, while also significantly saving costs and time. By embracing these forms of ADR, spouses going through divorce in Oklahoma can find peaceful and amicable resolutions to their divorce disputes, while at the same time minimizing the strain over the court system.
Moura Robertson is an experienced and skilled family lawyer specially trained in family law mediation and collaborative divorce. She is dedicated to ensuring you achieve a favorable outcome for yourself and your children through alternative dispute resolution. If you are considering mediation or collaborative divorce, Moura is here to help. Contact us today to learn more about how she can help.