Alternative Dispute Resolution and Collaborative Law in New York
Long Island divorce lawyers serving clients in Suffolk County & Nassau County
Avoiding trial is advantageous for most divorcing couples because the adversarial nature of litigation magnifies and inflames conflicts, making life after divorce more difficult, especially for couples with children. Alternative Dispute Resolution (ADR) offers several different processes for resolving disputes outside of court. Our New York ADR and collaborative law attorneys at Long Island Divorce Solutions have considerable experience in dispute resolution and can help you evaluate whether ADR is appropriate for your situation. We can also help you decide which ADR process benefits you the most.
Types of Alternate Dispute Resolution (ADR)
Qualities that all New York ADR processes share are greater informality, confidentiality and flexibility than traditional litigation. ADR processes used in New York include:
- Case conferencing
- Collaborative law
- Neutral evaluation
- Parenting coordination
- Summary jury trials
Mediation vs. Arbitration
Mediation differs from arbitration in that the New York mediation lawyer or mediator does not advise or render decisions but simply acts as a neutral third party who facilitates discussion for resolving issues.
Arbitration is a more formal process than mediation, but is less formal, with less procedure and more relaxed rules than a trial. The arbitrator hears evidence and arguments from both sides and renders a decision to resolve the dispute. Arbitration may be binding, which results in a final decision without the right to appeal. Or arbitration may be non-binding, which allows spouses to go to trial if they are dissatisfied with the outcome.
Collaborative law is a relatively new process in which spouses and their Long Island collaborative attorneys agree to cooperate and not litigate. Through a non-threatening and amicable atmosphere, collaborative divorce invites spouses and their lawyers to work as a team and find constructive solutions for disputed issues. If appropriate, New York collaborative lawyers can bring in professionals such as child specialists, financial advisors and marriage counselors to lend support, guidance and suggestions. Parties have added incentive to resolve issues effectively because if either spouse decides to pursue litigation, both sides must obtain new attorneys.
A neutral evaluation and a summary jury trial both allow spouses to receive advisement on how a jury would potentially rule on their divorce case without having an actual trial. Case conferencing combines the efforts of a judge or judge’s representative with the spouses and their attorneys in an attempt to settle before trial.
Contact Us – Long Island, NY Divorce Mediation Attorneys
Call Long Island Divorce Solutions at (631)539-9610 to discuss the benefits of ADR with an experienced attorney or fill out and submit the form below.