Alternative Dispute Resolution: What It Is and How It Works
Family law problems can hit close to home, and the stress can be overwhelming. Court battles can drag on, be costly, and exhaust all parties involved. At Schaffner Family Law, we have a strong record of providing high-quality family law representation, and we are committed to exploring better ways to resolve conflicts for our clients.
Our goal here is straightforward: to provide you with a clear understanding of Alternative Dispute Resolution (ADR) and its application in real-life situations. We will discuss with you the various ADR options, how they differ, and why families across Kentucky choose them. With the proper process, you can protect your time, privacy, and peace of mind.
What is Alternative Dispute Resolution (ADR)?
ADR refers to methods for resolving disputes outside of traditional litigation. These processes help people settle issues without a full trial, often in a private and quicker setting. Some courts and contracts require ADR, while others leave it up to the parties to decide.
The following are some common ADR methods that many families use when talking through divorce, custody, and support issues.
● Mediation
● Arbitration
● Conciliation
● Negotiation
● Early neutral evaluation
In some jurisdictions, ADR is optional, while in others, a judge may order parties to attempt it first. Many Kentucky family courts encourage mediation before any trial date is set.
With the basics in place, let’s look at how these approaches compare and why they often work better for families.
Key Characteristics of ADR Methods
ADR allows people to find admissible solutions outside of regular court proceedings. Each method has its own structure, yet all aim to help you settle disputes with less formality and more control. You still retain legal protections, and agreements can be made enforceable through the courts.
Some methods involve a neutral third party, while others do not. For example, negotiation involves only the parties, while mediation uses a neutral third party to guide discussions between the parties, and arbitration uses a neutral third party who decides the outcome. Families often employ a combination of methods, such as negotiating first, then mediating, and using arbitration only as a last resort.
Many people turn to ADR for speed, privacy, and flexibility. Public courts can review the validity of an ADR process, but judges rarely overturn an arbitration award if a valid agreement exists and procedures are fair.
Now that we have the features in mind, here is a closer look at the most common processes you will encounter.
Common ADR Processes
Each process offers a different level of formality and control. You can choose based on your goals, the level of structure you want, and how final you need the result to be.
Negotiation
Negotiation is simply the process by which parties, with or without lawyers, meet to settle a dispute. You control the agenda, the timing, and the solution. It is less formal and allows for creative problem-solving that fits your family’s needs.
Mediation
Mediation is an informal alternative to litigation, where a neutral mediator facilitates effective communication between parties. The mediator does not decide the outcome of the case, but instead guides the conversation to help the parties reach a mutually acceptable resolution. Mediation is nonbinding, and it works well in family cases because it lowers tension and encourages future cooperation for co-parenting.
Arbitration
Arbitration is a more formal process, with a structure similar to that of a private court proceeding. The process often has limited discovery and simplified evidence rules, which facilitate a smooth progression of the case. In binding arbitration, parties agree that the arbitrator’s decision is final with no right to appeal. In contrast, nonbinding arbitration allows a party to seek a trial if they reject the decision.
Arbitration is initiated through the parties’ consent, as outlined in an arbitration agreement. Arbitrators do not need to be lawyers, and parties can choose someone with field knowledge. Federal law supports arbitration under Title 9 of the U.S. Code, and Kentucky follows the Uniform Arbitration Act through KRS 417.045 to 417.240.
Other ADR Processes
Several other tools assist families and courts in resolving issues efficiently. These options vary in terms of who leads the process and how decisions are made.
● Neutral evaluation, a subject-matter neutral review of both sides, and offers an assessment of likely outcomes.
● In collaborative law, parties and attorneys sign a no-court pledge and adhere to a problem-solving structure.
● Parenting coordination, a service provided by a trained professional, helps high-conflict parents implement parenting plans and make limited decisions in accordance with a court order.
● In restorative justice, stakeholders come together to identify the harm and create an action plan to move forward.
● Settlement conferencing allows a judge or designee to help narrow issues and promote settlement.
● A special master is a neutral party appointed to handle tasks such as discovery or post-judgment issues.
● Summary jury trials are a shortened presentation to a jury that gives a preview of a likely verdict.
To compare the main processes at a glance, the table below outlines control, finality, and other features that matter in family cases.
| Process | Who Decides | Binding | Formality | Speed | Privacy |
| Negotiation | Parties | No | Low | Moderate to Fast | High |
| Mediation | Parties, with a mediator’s help | No | Low to Medium | Fast | High |
| Arbitration | Arbitrator | Yes in binding, No in nonbinding | Medium | Moderate to Fast | High |
With those comparisons in mind, let’s talk about how ADR plays out in Kentucky family courts and what rules support it.
ADR in Kentucky Family Law
Kentucky courts encourage ADR to help families resolve disputes efficiently and with less conflict. Judges often suggest, and at times order, mediation before a trial date gets set in divorce, custody, parenting time, and support matters. This approach saves time and reduces stress for both children and parents.
While local rules vary by county, families commonly receive court orders for mediation in parenting disputes, as well as standing orders that invite settlement conferences.
If you are unsure which path is best suited for your case, a brief discussion with our team can help us map out a tailored plan that aligns with your goals and budget.
Benefits of ADR in Family Law
ADR brings real upsides for families going through change. It reduces court time, lowers costs, and maintains the privacy of sensitive details. Families also retain more control over the outcome, which tends to have a more lasting effect over time.
People often choose ADR for these reasons, and the list below covers what our clients tell us they value most.
- A less adversarial process that can preserve parent-child relationships.
- Lower fees and quicker results compared to a full trial.
- More control over the final agreement and room for creative solutions.
- Strong confidentiality, which helps protect children and finances from public records.
In short, ADR helps you focus on the future instead of reliving the past in a courtroom setting.
Considering ADR for Your Family Law Case? Contact Us Today.
At Schaffner Family Law, we guide our clients through challenging moments with steady support and straightforward advice. Our team is known for tough, persuasive representation in and out of court, and we bring that same energy to mediation and other ADR paths. If you would like to discuss your options, we welcome your questions.
Feel free to call us at 859-491-1011 or fill out our online form, and one of our staff members will be in touch with you. We are ready to discuss your goals, explain the ADR methods that fit your situation, and help you move forward with confidence. Your family’s next chapter matters, and we are here to help you protect it.