ADR stands for Alternative Dispute Resolution.
Rule 66 of the Arizona Rules of Civil Procedure states that parties in family court have a duty to confer about utilizing Alternative Dispute Resolution.
There are several types of ADR processes, including but not limited to arbitration, appointment of a parenting coordinator, mediation and a settlement conference.
The most common type of ADR is a settlement conference. A settlement conference is a confidential process, in which parties to a dispute meet with a judge, commissioner, or judge pro tempore (lawyer filling in as a judge for purposes of a settlement conference) acting as a neutral third party to engage in settlement discussions.
In my experience, settlement conferences result in complete resolution of a case over 50% of the time. As such, I encourage that my clients agree to participate in a settlement conference.
It is almost always better to settle a case than to take it all the way to trial. First, there is a substantial cost to preparing and attending a trial. Secondly, agreeing to a settlement means you had control over the final disposition of your case as opposed to leaving it in the hands of a Judge who you may have seen once or twice before in your life, and who has wide latitude in how they rule.
The ADR division of the Maricopa County Superior Court lists the following as benefits of ADR:
* ADR can save participants time and money. It allows the courts to wisely conserve trial resources for those cases where there is truly a need for litigation.
* Often, parties are able to preserve their relationships after ADR; in trial there is a winner and a loser.
* ADR provides more open, flexible, and responsive processes that are tailored to the unique needs of the parties.
* ADR outcomes address the real needs of each party in an informal process that offers customized solutions and enhances community involvement in dispute resolution.
* Using ADR instead of litigation often results in greater participant satisfaction.
Overall, ADR is a very useful service offered by the Courts and one that I highly recommend to all of my clients.
If you have questions regarding ADR please feel free to contact me.
Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
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