The Role of ADR in Parenting Plans

When going through a divorce, one of the most challenging and emotional aspects can be establishing a parenting plan for any children involved. The process of determining custody, visitation schedules, and decision-making responsibilities can often lead to conflict and tension between the parents. However, with the help of Alternative Dispute Resolution (ADR) methods, the process can be made easier and less stressful for everyone involved.

What is ADR?

ADR refers to any method of resolving disputes outside of the courtroom. In the context of divorce and parenting plans, it can include mediation, arbitration, or collaborative law. These methods involve the use of a neutral third party who helps the parents come to a mutually agreeable solution without going to court.

How Does ADR Benefit Parenting Plans?

There are many benefits to using ADR when establishing a parenting plan:

• Less time-consuming. Going to court for custody and visitation disputes can be a lengthy process, taking anywhere from months to years to resolve. ADR can be completed much more quickly, sometimes in just a few sessions.

• Less expensive. Legal fees and court costs can add up quickly, especially if the case drags on for a long time. ADR is generally less expensive, as it involves fewer legal fees and court costs.

• More control. In court, a judge will make the final decision regarding custody and visitation. With ADR, the parents have more control over the outcome, as they are the ones making the decisions.

• More flexibility. ADR allows for more flexibility in the solutions that are reached. The parents can come up with a parenting plan that fits their unique situation and the needs of their children, rather than being forced to follow a one-size-fits-all approach.

• Less adversarial. Going to court can be an adversarial process, with each parent trying to prove why they should have custody or more visitation time. ADR methods are focused on finding common ground and working together to reach a solution that works for everyone.

What ADR Method is Right for You?

There are several different ADR methods to choose from, and it can be challenging to know which one is right for your situation. Here is a brief overview of the most common ADR methods:

• Mediation. Mediation involves the use of a neutral third party who helps the parents come to an agreement. The mediator does not make decisions for the parents but rather helps them communicate effectively and come up with a mutually agreeable plan.

• Arbitration. In arbitration, a neutral third party is appointed to make the final decision regarding custody and visitation. The parents present their cases to the arbitrator, who then makes a binding decision.

• Collaborative law. Collaborative law involves the use of a team of professionals, including attorneys, mental health professionals, and financial specialists, to help the parents come to an agreement. The team works together to find a solution that works for everyone.

Conclusion

Establishing a parenting plan during a divorce can be a difficult and emotional process, but ADR methods can make the process easier and less stressful for everyone involved. By working together with a neutral third party, parents can come up with a mutually agreeable solution that fits their unique situation and the needs of their children. If you are going through a divorce and need help establishing a parenting plan, consider using ADR methods.