What is Alternative Dispute Resolution?

Alternative Dispute Resolution ("ADR") is any means of settling disputes outside of the courtroom.

Until recently, lawyers predominately practiced in a manner in which civil disputes were always decided by the judges. While that still happens, there is a paradigm shift to have the clients settle their dispute, rather than a judge.

This is Alternative Dispute or ADR, and at Cook Phelan, Attorneys at Law we emphasize ADR and achieving client based solutions. Through mediation, collaborative divorce, and interest based negotiation, we strive to keep the process in control of the parties’ and make any dispute as easy as possible.

Best thing about ADR…it is cheaper than normal litigation!

Client Based Solutions

In a courtroom setting, attorneys only have a limited amount of time to tell their clients’ story. Even in a multi-day trial, a judge will still not truly know the innerworkings of the clients, their families, or their real desired outcomes. With ADR, clients are able to control the narrative, and properly tell their story. Lawyers and their clients are able to craft a solution that is uniquely tailored to achieve both clients’ needs and interests, that would not normally be achieved in a courtroom setting.

Example: Sam and Sarah end their 3 year marriage with infidelity. Sarah up and moves the with kids to Colorado, and embarks on a gruesome custody battle, with Sam wanting to have custody in Montana, and Sarah wanting to be as far away as possible. The litigation drags out for years, and Sam ultimately gets custody, but not after bankrupting himself, and him and Sarah refuse to ever talk to each other. In the future, they will not attend their kids’ graduations or weddings, if the other is there.

Had they gone through mediation: Sarah and Sam, through a facilitative dialogue, get the closure they need from the end of their marriage. Sarah realizes that her move to Colorado was in haste, and that is in the kids’ best interest to have their parents in the same town. They both equally share parenting time, are able to better co-parent together, and both attend and coordinate their kids’ sporting events. And the process was affordable for them, so they were able to start a college fund for their kids.

Mediation

Mediation a process in which a neutral 3rd helps clients facilitate a conversation between parties on how to amicably dissolve their disputes. Whether is be a divorce, estate dispute, or business dissolution, CJ Cook is an experienced mediator trained to help parties meet their needs in a reasonable manner.

In a court room, attorneys focus on their clients’ positions, or the “what.” In mediation, or other ADR vehicles, professionals focus on interests, or the “why.” For example, a position of a party may be that they want the marital home. The interest behind the position may be that the party wants to stay in a specific school district for their children. Through mediation, we try to find out the parties’ interests, and base negotiations around the “why” and not the “what.” Learn more about interest based negotation.

For parties looking for a cost effective way to divorce, and preserve the co-parenting relationship, mediation is a great tool.

Collaborative Divorce

Collaborative Divorce is a process in which parties divorce together as a team, with the help of highly trained professionals. Each person has their own attorney, and the parties together hire a neutral family counselor and financial neutral. Together, the six people use interest based negotiation to come up with a result uniquely tailored to each individual.

Parties will meet offline with the family counselor to discuss the children and parenting, and with the financial neutral to discuss assets and support. The team with their attorneys meet monthly to dissolve the marriage in a neutral manner that leaves the parties set to co-parent.

Like other ADR vehicles, Collaborative Divorce is more cost effective than litigation, and produces tremendous results. Perfect for all families, with or without children. Learn more about the process and other collaboratively trained professionals in Bozeman.

Kitchen Table Divorce

Parties commonly come to attorneys to draw up the paperwork, and have typically agreed upon everything. We do that for a flat fee, and can help work out the small details you may be forgetting.