Alternative Dispute Resolution Services in Oklahoma
Understanding Alternative Dispute Resolution (ADR)
“Alternative dispute resolution (“ADR”) refers to any method of resolving disputes without litigation.” Many prefer to avoid Litigation whether that be out of concern for the emotional and financial well-being of their families, due to the cost of litigation, out of privacy or other concerns. The most famous ADR methods are “mediation, arbitration, conciliation, negotiation, and transaction.” Many businesses use these models, and so, too can families. Here at Cinocca Law, we can employ numerous processes from which you may choose, or employ a hybrid model to address the concerns of both spouses in resolution of issues, so long as both parties waive any conflicts of interest and confidentiality and agree to participate with full disclosure of necessary records, if any.
Joint Attorney Roles in ADR
Joint Mediator Attorney: A Joint Mediator Attorney acts as a neutral party to facilitate communication between disputing parties to help them reach a mutually acceptable agreement without making decisions for them.
Joint Neutral Facilitator Attorney: A Joint Neutral Facilitator Attorney provides balanced legal advice, drafts agreements, and ensures the agreements meet all legal requirements while maintaining neutrality. See generally American Bar Association ADR Articles.
Collaborative Divorces
Collaborative divorce is a process where both parties and their attorneys commit to resolving disputes without going to court, working together to reach an amicable settlement.
Types:
Single Attorney for Both Parties: One attorney facilitates the negotiation and agreement drafting for both parties, provided they waive any potential conflict of interest and confidentiality.
Each Party with Their Own Attorney and a Third Attorney Facilitator: Both parties have individual attorneys, with a third neutral attorney to facilitate the process.
Complex Models Involving Multiple Professionals: Incorporates therapists, counselors, vocational rehabilitation experts, accountants, financial advisors, and business valuation experts, and others, as needed, and agreed between the parties to address various aspects of the transition
For a standard engagement agreement, refer to Collaborative Practice. This sets forth some of the basic agreements you should expect both parties to agree to follow with their attorney(s) and in order to take part in the collaborative process. Both parties must agree to take part in good faith in a collaborative divorce, unlike in Litigation.
Mediation & Settlement Conferences
Mediation: Mediation involves a neutral third party who helps disputing parties craft their own solutions which enhances the parties’ ability to maintain future relations. Thsi is expecially helpful for persons who expect some ongoing relations through children or businesses, or who simply care to complete the separation or dispute resolution process as humanely as possible. Mediation is a relatively quick and inexpensive way to resolve differences compared to court proceedings.
Settlement Conferences: Settlement conferences are structured meetings where a judge or neutral party assists in negotiating a settlement between the parties before trial. This term is commonly used in U.S. Federal Courts in Oklahoma for their mediations performed by Judges or highly experienced attorneys. Sometimes. the terms are used interchangeably.
Oklahoma’s Early Settlement Program offers mediation services to help parties resolve disputes efficiently for a low cost, but many opt to hire a professional attorney mediator to perform this function at an hourly rate.
Arbitration
Arbitration involves a neutral third-party arbitrator who hears both sides of a dispute and makes a binding decision. According to the American Arbitration Association, arbitration is less formal than court and can be quicker and more cost-effective. For more details, visit the AAA.
Some families opt to hire prefessional arbitrators to resolve their disputes quickly and efficiently as well, but only by agreement as both parties must waive their rights to proceed in court.
Why Choose Our Firm for ADR
Our firm is committed to providing expert ADR services tailored to your specific needs. We have extensive experience in mediation, collaborative law, and arbitration, ensuring that you receive the highest level of professional support. Our attorneys are dedicated to helping you achieve amicable resolutions that protect your interests and preserve relationships.
Contact Us
Reach out to us today for a consultation regarding our ADR services. Our experienced attorneys are ready to assist you in exploring alternative dispute resolution options that best suit your family law needs.
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Are you facing a family law issue? Our experienced attorneys can help you navigate the legal process and protect your rights. Contact us today to schedule a consultation.
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At Cinocca Law, we understand that family law matters can be complex and emotional. Our experienced attorneys are here to help you navigate the legal process and achieve the best possible outcome for you and your family.
Get Help with Family Law Today
Are you facing a family law issue? Our experienced attorneys can help you navigate the legal process and protect your rights. Contact us today to schedule a consultation.
