WHY CHOOSE ADR?
PROCESS DRIVES OUTCOMES
"Any jackass can kick down a barn, but it takes a good carpenter to build one."
Former Speaker of the House of Representatives, Sam Rayburn (TX)
Why ADR with Matador?
In an uncertain world, complexity demands creativity. Uncertainty is a reality. Serenity feels like a luxury. Who will you be? What do you want? Empathy isn't a strategy. HOW you get there matters. WHO gets you there matters. It's your life, not a game. Experience and ability are not enough. Process drives outcomes. Processes should go BEYOND LEGAL. And find the heart of the matter.
About Alternative Dispute Resolution Processes
Practical. Creative. Doable and Durable Results.
The ADR processes summarized below all occur outside of the courtroom. They take place at agreed upon dates and times and are conducted in agreed to locations where privacy and comfort can be maintained. The "rules of engagement" for each process are all agreed upon in advance by the participant spouses so that there are no surprises regarding what will take place, when it will take place, or how it will take place. These features all provide divorcing spouses with flexibility, privacy, and control over their dissolution of marriage process. To varying degrees, these processes are driven by a desire to resolve the spouses' disputes as amicably as possible, while meeting their individual and shared goals and interests and safeguarding the well-being of their children without the damaging and toxic effects of litigation. In many, if not most, instances, ADR processes can be less costly financially and can be concluded more swiftly than traditional litigation. As a general matter, they are each thoughtfully designed to maximize efficiency, efficacy, and privacy. Although each process differs in material ways, ADR as a whole permits for the discrete resolution of one of the most private, personal and emotional of matters -- the end of a marriage.
Mediation - a neutral professional helps spouses work toward resolution of their divorce and related issues either with the assistance of an attorney or without. Instead of imposing a "top-down" resolution, the mediator helps to engage the parties in crafting workable and durable solutions for themselves. Mediations can be conducted from a Facilitative, Evaluative or Transformative approach.
In a Facilitative mediation - the neutral primarily operates as a catalyst for self-resolution by the parties without making recommendations. Evaluative mediations typically involve some degree of substantive assessment of claims and arguments by the neutral. A Transformative mediation is oriented around fostering the resolution of conflict through the aiding spouses in the acquisition of skills needed to create lasting, constructive change.
Creative mediations will draw upon all three approaches when needed and advisable.
Arbitration - a neutral professional listens to arguments and claims, reviews evidence, and renders a binding decision. Unlike mediation, spouses are not directly responsible for reaching their agreements, outcomes, and resolution. Although the rules of the arbitration process must be agreed upon in advance, the parties cede decision-making authority to the neutral. In many ways, arbitration is somewhat akin to "private litigation." Evidence, discovery and other legal rules all can be part of the process.
Med-Arb - a hybrid process involving the attempted mediation of a matter prior to proceeding to the advancing of claims and arguments via evidence in arbitration. In the event of impasse during mediation, the matter is then resolved via arbitration.
Arb-Med - another hybrid process but unliked Med-Arb, the matter is arbitrated first. However, to facilitate self-determination and party-driven resolution, the binding decision of the arbitrator is held from the parties in order to provide them with an opportunity for the successful mediation of their issues before the decision is rendered.