Alternative Dispute Resolution
Alternative dispute resolution in austin, texas
Alternative Dispute Resolution (ADR) can offer individuals and families an effective, non-judicial means for resolving even the most challenging disputes and divergent points of view. Particularly when family members and/or a spouse or soon-to-be ex-spouse is involved, the right ADR technique is often the most efficient way to achieve your goals—particularly in family law matters.
Strategic Use of Alternative Dispute Resolution in Family Law
Bollier Ciccone Stinson LLP works diligently with each client to determine if—and how—ADR can better position them for a more efficient outcome. Our team brings to bear not only a complete understanding of family law and litigation but also creativity and the ability to listen—two components that are crucial in understanding the unique human challenges that family-related disputes present and in determining the right path for ADR.
Not only are we proven and persuasive advocates inside and outside the courtroom, but we also know how to leverage ADR proceedings and the benefits of a non-litigated path to resolution. Our litigators are acutely focused on employing the right strategy to present our client’s most compelling case before mediators and arbitrators alike, as well as with opposing counsel. Whether a lawsuit is filed or ADR proves to be the more strategic path forward, we are committed to securing the best possible outcome while conserving your time and resources.
Mediation
Mediation is an ADR process that allows parties to settle their case out of court by agreement, with the help of a mediator. A mediator is an attorney who is retained as a neutral third party to help the parties fully or partially reach an agreement to resolve their family law matter and avoid or reduce the need for protracted litigation in court.
It is always desirable to make your own decisions by reaching a reasonable agreement regarding the outcome of your case, as going to court can be emotionally taxing, expensive, and often unpredictable. Texas family law encourages the settlement of divorce and custody disputes whenever possible. In fact, most counties in Texas require that parties attempt to resolve the issues in their case through mediation before allowing it to proceed to a final trial.
While mediation is often cooperative, it can still involve adversarial elements. Even the most contentious family law matters can be successfully resolved through mediation with a prepared, experienced advocate—such as our family law litigators. We almost always recommend mediation before taking a case to trial. However, our advocates firmly believe that being fully prepared for trial is what ultimately leads to the best possible outcome in any mediation.
Collaborative law process
The collaborative law process is an innovative, comprehensive alternative approach to litigation in marriage dissolution or modification. The basis for collaborative law is that information regarding property, children, and all other aspects of the issues involved should be shared openly and exchanged freely. Transparency is essential throughout the collaborative law process.
Potential advantages of collaborative law include:
- Minimizing legal and emotional costs
- Maintaining greater control over the outcome
- Reducing the stress and unpredictability of litigation
How does collaborative law work?
Collaborative law focuses on the goals of the specific parties and their children and less on the provisions and presumptions contained in the Texas Family Code. A collaborative team is assembled to address the specific needs of your matter and may include:
- A mental health professional to assist with communication and co-parenting challenges
- A financial professional to help sort through any property issues
Key aspects of the collaborative law process:
- All parties agree to freely exchange information regarding property, children, and related matters
- Once the collaborative process is terminated, new litigation counsel must be retained by each party
- Discussions during the collaborative process are generally confidential
- The process emphasizes cooperation over courtroom confrontation
Arbitration
Arbitration is a private resolution of matters as an alternative to court. Private arbitration may occur either by contract (such as through a marital property agreement or mediated settlement agreement) or by mutual agreement after a lawsuit has been filed. Often, the arbitrator’s decision is binding on the parties. There could be several advantages to choosing arbitration to finalize your family law matter, including:
- Parties choose the arbitrator, whereas you cannot choose your judge if you take your case to court
- Arbitration can be more cost-effective
- Arbitration is private and confidential, whereas courts are public and open
Alternative Dispute Resolution Legal team
How Our Family Law and Divorce Attorneys Can Help
DIVORCE
Comprehensive divorce representation tailored to your needs—from strategic negotiation to high-stakes litigation.
Complex Property Division & Valuation
Expert legal support for complex property division, asset protection, and high-value divorce matters.
Child Custody
Compassionate, strategic guidance through all child custody matters—including support, relocation, paternity, and visitation rights.
Family Violence & Protective Orders
Experienced advocates who act swiftly to protect you and your family from domestic violence through legal action and compassionate support.
Modifications & Enforcements
Responsive legal support to help families adapt to change and ensure court orders reflect current realities.
CONTACT OUR Alternative Dispute Resolution Attorneys
Looking for a more efficient, less combative path to resolution? Bollier Ciccone Stinson LLP offers skilled guidance in mediation, arbitration, and collaborative law to help you reach a favorable outcome without unnecessary litigation. Contact us to explore your ADR options.