What is Alternative Dispute Resolution Divorce?
For many people, divorce is a scary and unprecedented experience that will result in changes to nearly every aspect of one’s personal life. Thinking about the long legal process that accompanies a divorce only makes it feel more intimidating. However, this does not have to be the case. Through the utilization of alternative dispute resolution (ADR) divorce methods, couples can simplify their divorces and maintain a large amount of autonomy and control over not only the end of their marriage, as well as the start of the new chapter of their lives.
Using ADR avoids a lengthy legal process. Instead of putting your case in front of a court and allowing a judge to decide its outcome, you will instead get to agree to your own future through the help of a neutral third party, or “mediator.” This mediator is a neutral third party whose only goal is to elicit cooperation between spouses. Mediators help to maintain a calm and casual environment for you and your spouse to discuss the terms of your divorce, while facilitating open communication between both parties to reach common ground and ultimately unanimous agreements.
Benefits of Alternative Dispute Resolution Divorce for Families
This gives parties an active role in their futures and allows the outcome to be more specifically tailored to a party’s wants and needs than it would have been if left in the hands of a third party who does not know either party personally. Also, because all agreements are entirely voluntary by both parties, this often results in a better post-divorce relationship between parties. Additionally, by significantly reducing the length of the process, parties can substantially decrease their legal costs and court fees.
Another advantage of ADR is that it often results in a more stable parent-child relationship post-divorce. One study of mediation’s benefits in divorces found that in 28% of couples who use ADR, both parents are able to see their children weekly as opposed to 9% of couples who use the traditional method of divorcing through court proceedings, and 59% of parents speak to their children weekly as opposed to 14% of those who did not use ADR. These benefits make alternative dispute resolution divorce an excellent choice for parents aiming to maintain strong relationships with their children.
Privacy Matters in an Alternative Dispute Resolution Divorce
Moreover, ADR allows for more privacy in a divorce than a traditional divorce would. Because court cases are public records, when you go through a traditional divorce, any member of the public can access some of the most personal details of your life on the internet. ADR on the other hand is not a court case and therefore does not result in as much of your personal information being made public for anybody to read.
Final Steps in an Alternative Dispute Resolution Divorce
In conclusion, alternative dispute resolution allows for spouses to mutually agree upon the details of their divorce, granting them more autonomy and satisfaction as they move to begin the next stage of their life. This often results in less attorneys and court fees, more time with children, and increased overall satisfaction in a process that would likely otherwise be overwhelming and outside of the parties’ hands.
It is important to note that one cannot avoid Court altogether using ADR. The required documents containing the agreed upon terms still need to be filed with the Domestic Relations Court in a dissolution proceeding. The good news is that dissolution proceeding will typically be scheduled for a final hearing in about 45 days. Very quick compared to a contested divorce action!
Experienced, Trusted and Professional Dayton Family Law Lawyers
Our experienced Dayton family law lawyers at MUESLAW can assist you with your dissolution or marriage “uncoupling” related issues. To learn more, please go to our website at www.MuesLaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom. We look forward to assisting you!
PUBLISHER’S NOTE:
I want to thank Krista Gliszczynski, a third-year student at the University of Dayton School of Law, for assisting with this article. Krista is continuing her clerking with MuesLaw this semester. You will be reading more from her in the weeks to come! Well done Krista!
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© 2025, Ohio Family Law Blog. All rights reserved.
Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he previously managing the Dayton law firm of Holzfaster, Cecil, McKnight & Mues LPA until it dissolved on December 31, 2024. He recently has founded MUESLAW in 2025. To learn more about him or MUESLAW, visit www.MuesLaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
