Divorcing couples are increasingly turning to Alternative Dispute Resolution in divorce to avoid the stress and cost of litigation.
Three Proven Ways to End a Marriage Without Going to Court
Most people expect a divorce to be like a courtroom drama movie with intense arguments and conflict in front of a judge. Many people are opting to remove this drama and amicably settle divorces outside of the courtroom.
There are three main types of Alternative Dispute Resolution (ADR) methods to resolve disputes without the traditional litigation battles. They are mediation, collaborative divorce and the hybrid approach (a combination of both). Each ADR method has its own strengths. The right one for you depends on your situation, your goals, and your relationship with your spouse. Each method of Alternative Dispute Resolution in divorce offers unique benefits depending on your needs.
MEDIATION:
What is Mediation in Alternative Dispute Resolution?
Mediation is utilizing a neutral third party (a Mediator) to help communicate, identify issues, and reach agreements. The Mediator will not make any decisions or take sides but facilitates and fosters productive conversations. Private mediations will be less formal and completely private rather than typical litigation, there is no public information, and the mediator is not allowed to share any details. Lawyers are completely optional in mediation.
A mediation is focused on direct communication between the spouses, and each party can always consult with counsel in between sessions. This is likely the most cost-effective ADR method as the only necessary cost is the mediator and everything else is optional. Mediation works best for couples who are strong communicators and still get along. If the couple is contentious or is ready to argue then the mediator will struggle to be able to facilitate productive conversations.
Key Benefits:
- Private/Informal
- Cost Effective
Best For:
Couples that are still civil and productive communicators will benefit the most. It will allow them to reach agreements quicker with less legal involvement of lawyers and courtrooms. While frequently a lawyer represents each party, that is not required. A single lawyer at least should review and prepare the agreement for submission to the court.
COLLABORATIVE DIVORCE:</h3 What is Collaborative Divorce in Alternative Dispute Resolution?
Collaborative divorces are a series of meetings outside of a courtroom where each spouse has an attorney and it includes hiring financial professionals, mental health coaches, and child or family specialists as needed, to help create an agreement. It is a much more structured process than mediation, since all meetings are planned and there is formal commitment to full cooperation. Both spouses are required to provide full transparency and work together in good faith. If either of these are violated the process no longer works.
A collaborative divorce is a more holistic approach in that it not only provides dispute resolution but also mental health, financial, and family support. Collaborative divorce frequently involves more complex issues like valuation of assets, children related issues, or dividing business interests, requiring the help of professionals. Since the parties may have to hire specialists, it usually costs more than typical mediations. Finally, collaborative divorces usually require an agreement to not litigate the issues. If the collaborative divorce fails, both attorneys must withdraw, and the litigation will be initiated with new counsel. This can be a deal breaker for those who don’t want to risk having to find another lawyer.
Key Benefits:
- Holistic Approach
- Team of Professionals
- Requires transparency and good faith on both sides
Possible Catch:
- Attorneys must withdraw if the collaborative divorce process fails. Therefore, it requires both spouses to start the litigation with new legal representation.
Best For:
Couples with complex issues, or those who have high-value assets, business interests, or child related issues, may benefit more from a collaborative divorce rather than mediation. They will benefit from the expertise of professionals who can tell them the best way to divide assets. Collaborative divorce does require a strong commitment to the process, especially with the possibility of having to begin all over with new counsel.
THE HYBRID APPROACH:
What is the Hybrid Approach?
The Hybrid Approach is a mix of mediation and collaborative divorce, but there is no need to restart with new lawyers if litigation is ultimately required. It begins with a mediation style of ADR but allows the use of lawyers and specialists to help create a resolution while still providing that holistic approach. This approach allows the inclusion of other professionals as needed. The most important thing is that it can be a seamless transfer from Hybrid ADR to litigation with the same counsel if needed. The Hybrid Approach is the best of both worlds however, it is likely to cost the most with the cost of the mediator and the professionals. In the event of litigation, you may end up saving money by retaining the same lawyer because there would be no consultation fees, or catch-up meetings.
Key Benefits:
- Retention of counsel
- Flexibility of approach
- Customized for your specific needs
Best For:
This is the best approach for those who are looking for flexibility and continuity of representation. If a person wants to avoid losing their counsel, this is the best option since lawyers can continue representation even if it heads to litigation. This approach is also extremely customizable and can be flexible to meet any of your needs. You truly get the best of both worlds with this approach.
MIGHT ONE OF THESE ADR METHODS WORK FOR YOUR SITUATION?
Whether you choose mediation or a hybrid model, Alternative Dispute Resolution in divorce can offer a smoother path forward
Experienced, Trusted and Professional Dayton Family Law Lawyers
If you’re considering Alternative Dispute Resolution in divorce, our experienced Dayton family law team can guide you through 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 Tucker Smith, a second-year student at the University of Dayton School of Law, for working with me to write this article. He did an AWESOME job as he has done on all his previous blog articles! Tucker just finished clerking for us as the semester has just ended. It has been wonderful having you clerk with MUESLAW! Well done, Tucker!
© 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.
