What is “ADR” and Why is it Used in Family Law?

“Alternative dispute resolution” or “ADR” is  a process in which parties attempt to resolve disputes without having to go to a court and have the issues decided by a judge. In family law, common forms of ADR include mediation. ADR is widely encourages in California because they tend to be faster, less expensive, and give families more control over their own decisions. It also helps preserve cooperation.

Mandatory Use

In many custody and visitation cases, ADR like mediation is required by California law due to its proven benefits.

The purpose of ADR in the family law context can be distilled into several goals, including:

1. Promote the best interests of children. In custody and visitation matters, the process is meant to encourage parents to develop a parenting plan tailored to their particular family and children, rather than leave key decisions to a judge.
2. Reduce court burden and delay. Time and money are saved when cases can be resolved outside of court.
3. Enable greater control by parties. Parties who work out their own agreements often feel more satisfied and committed to the plan that they helped create.

In short, ADR is designed to offer a more constructive, flexible and efficient framework for resolving family law disputes.

How ADR Works in California Family Law

While ADR takes various forms, the mechanics of how it typically works in family law matters in California share several common features.

1. Initiation and selection of process

• The ADR process may be triggered by the court (especially in custody and visitation disputes) or by request from the parties themselves.
• The parties may agree to engage in ADR, a mediator is selected, and either a court-provided program or a private services program will be pursued.

2. Role of the neutral third party

• A neutral mediator assists the parties to explore options, reframe issues, hopefully improve communication, and facilitate compromise on both sides.
• The mediator does not decide the case unless the parties choose binding arbitration.
• In custody and visitation contexts, it is paramount that the mediator work toward serving the child’s best interests.

3. Confidentiality

• Family law mediation is generally confidential.
• Evidence Code section 1115-1129 outlines California’s mediation privilege to protect all communications and writing related to mediation. This generally means that the rules of evidence prevent mediation from being used as evidence in the case moving forward.

4. The agreement or report

• If the parties reach agreement through mediation, they may execute a settlement or parenting plan, file it with the court, and obtain a court order incorporating it.
• Once a final order is in place, modification is still possible. An experienced family law attorney can help discuss these circumstances with you.

Contact Cardwell Steigerwald Young LLP

ADR has become a vital tool for resolving disputes in family law matters. It offers meaningful advantages of efficiency, cost-savings, and the potential for minimizing conflict. An experienced San Francisco family law attorney with Cardwell Steigerwald Young LLP can help. Contact one of our experienced family law attorneys today to learn more.