Official Website of AG Department of Australia gives alternative dispute resolution working models very clearly and in uncomplicated way.
Basically, an alternative dispute resolution involves a third person/ a party to negotiate and find a middle ground for the divorcing couple to discuss about sharing their parental responsibility, settling finances and planning for future requirements.
Once the decision of divorce is done, it is better if the couple start looking and planning for the future rather than harbouring bitter feelings towards each other. It is easier said than done! I know!
Let me explain the above infographic for you.
Requisites of Dispute Resolution Process
Dispute Resolution necessarily must have willing parties to negotiate and work their way out peacefully. The dispute resolution starts with identifying the demanding issues for the family. Both the parties should be sensitive about each other’s needs and talk respectfully. With time frame set to resolve issues, the dispute resolution process is completed when the solutions are worked out, voluntarily by both the partners.
The negotiation must have a someone like a family lawyer who can negotiate on his/her client’s behalf with his/her partner. This arrangement helps when both the parties are eager to work out details but are not on good terms with each other.
Facilitative Dispute Resolution
In facilitative dispute resolution, the third party, remains neutral and all he/she does is to navigate the discussion between the parties. The mediator here, does not influence the discussion nor the outcome of it.
The advantage of facilitative approach is the parties are free to discuss their priority issues and seek assistance from the mediator only when they are stuck with some issues.
This I have noticed gives the couple a sense of control over what’s happening. This, in most of the circumstances ensure better outcome and relationship even after divorce between the couple.
Advisory Dispute Resolution
A step ahead of facilitative dispute resolution is advisory dispute resolution.
This mode of dispute resolution offers expert advice and guidance to the couple so that they can take informed decisions. Though, the decision is not forced, the process of course is influenced in many ways; either by giving advice, assisting in listing of facts or prioritising the issues.
The third party / parties play active role in the dispute resolution and take the couple through the resolution sessions with lot of inputs and assistance.
Determinative Dispute Resolution
If the couple need some stringent set up to make their headway through divorce, but not necessarily court; determinative dispute resolution is the best option.
In this approach, the practitioner or arbitrator, listens to the both sides of the parties, with evidences, if required and settles the dispute by providing his/her opinion as the solution to the dispute of the partners.
All the approaches to the alternative dispute resolutions prove to be effective in some specific circumstances and must be chosen wisely by the parties that suits their needs.
I hope my explanation of dispute resolution process and its modes of approach were simple to understand. And help demystify the concept of out-of-court settlement.
You may like to check this video out, to know more about dispute resolution services. I insist, you see the video fully: