What is Alternative Dispute Resolution?

How alternative dispute resolution works in family law cases.

Posted on October 20, 2025

Custody schedules, divorce settlements, and other family law matters often involve complicated court hearings. Working with attorneys and preparing evidence can be challenging, and rigid court proceedings can make tensions feel more intense. While it’s commonly presented as the go-to choice for family law issues, going to court isn’t the only option.

In cases where co-parents want to avoid lengthy timelines and costly processes, alternative dispute resolution can help. Using neutral third parties or attorneys, parents can work alongside each other to reach agreements that prioritize their children’s best interests. Learn how the process can work and why it benefits co-parents and their kids.

How does alternative dispute resolution work?

Justia defines alternative dispute resolution (ADR) as any method used to resolve a disagreement without going through traditional litigation. The process comes in several varieties, and co-parents can either work with attorneys or other family law professionals to navigate their specific issues. Depending on the type of ADR used, legal experts may work for one or both parties to reach a fair outcome for everyone involved.

Here are some of the more common forms of ADR used in family law cases:

Mediation involves working with a neutral mediator who facilitates discussions between co-parents to reach a mutually agreed-upon solution.
Arbitration is similar to mediation but resembles traditional litigation a bit more, with an arbitrator’s decision holding the same weight as a judge’s.
Private judging is where co-parents work with a retired judge or other professional in a court-like setting that’s less public and more individually focused.
Parenting coordination uses recurring meetings to help co-parents work through disagreements and understand how to best meet their children’s needs.
Collaborative law is a team-based approach where attorneys and other family law professionals work with both co-parents to resolve a dispute.

Is ADR a newer option for family law issues?

ADR has long been an option for family law cases, but it’s grown in popularity over the past couple of decades. Court processes can take significant time and money, and ADR offers more streamlined ways to settle issues. Harry Powazek, a retired California family court judge and current ADR professional, says it’s increasingly prevalent in divorce and other family law cases because of its collaborative processes.

“Studies have shown that agreements reached between parties tend to last longer and be more effective than when a judge just makes an order, and it’s for a good reason,” he explains. “The agreement is something they buy into—they have an investment in it.”

Does ADR have the same authority as litigation?

Some co-parents and legal professionals hesitate to use ADR because they think it doesn’t carry the same weight as going to court. While ADR takes place outside of courtrooms, it’s an option that has the same legitimacy as going through litigation. Judge Powazek doesn’t know where this misconception comes from, but he stresses that choosing ADR offers the same authority as traditional court processes would.

“If the parties reach an agreement, and 95% of my cases do, we prepare a document that both parties and their attorneys sign before they leave,” he says. “Under California codes, that becomes an enforceable agreement and can be entered as a judgment signed by a Superior Court judge that’s final and binding.”

Why should co-parents consider using ADR?

Here are 4 benefits that co-parents can leverage if they choose ADR over traditional litigation:

Shorter timelines: While many aspects of family law have evolved, Judge Powazek shares that it can take months or even years between initial steps and court hearings. ADR works at whatever pace co-parents can follow, with some of his mediation cases taking as few as 30 days to resolve.
Cost savings: Litigation can take a long time, so legal fees and family law attorney costs can quickly add up over time. Judge Powazek says ADR is often the cheaper choice because co-parents don’t have to hire multiple experts or go through the drawn-out hearing process.
Flexible processes: Court procedures leave little room for error, from following deadlines to gathering evidence. Judge Powazek emphasizes that various ADR approaches offer more flexibility, so co-parents can better focus on creating beneficial outcomes for their kids.
Focused support: Judges and attorneys can have varying levels of expertise and bandwidth. Judge Powazek says that ADR, especially private judging, offers co-parents the opportunity to work with professionals who have extensive practical experience with family law.

Children covering their ears while their parents argue

What unique cases can be managed through ADR?

Co-parenting situations often come with a variety of factors that impact the parents and children involved. Addressing those issues in court can be challenging, especially with litigation requiring that certain processes be followed closely. Because ADR is a more flexible process, it can make it easier for co-parents to navigate unique circumstances. Here are some factors that can be addressed more effectively using ADR methods.

High conflict dynamics

Arguments and other high conflict co-parenting interactions can quickly derail anything from everyday conversations to court hearings. With the flexible, focused nature of different ADR methods, co-parents can work through communication issues and focus on solutions with the support of legal professionals. Judge Powazek says ADR can also teach co-parents high conflict tips to re-establish decent levels of trust and contact.

Substance abuse concerns

Drug and alcohol abuse can play a common role in a separation or divorce, adding significant tension to the transition. ADR provides a more private, productive way to address substance abuse in co-parenting situations. Additionally, ADR can identify and incorporate resources like Soberlink, a court-admissible alcohol monitoring system, to ensure children are safe and parents are accountable after solutions are reached.

Financial disputes

Determining who pays what amounts of alimony or child support can be tense, let alone dividing shared finances in a divorce. ADR can make it easier to gather and review financial documents to make more informed decisions. Co-parents can also add a Certified Divorce Financial Analyst to their team of ADR professionals, ensuring children are well taken care of without compromising either parent’s financial wellness.

Are there cases that may not benefit from ADR?

While ADR can be adjusted to meet varying needs, the process can only succeed if both parties are equally willing to work toward a solution. If co-parents can’t collaborate through ADR, their case may end up in court to set them on a more structured path to resolution. Additionally, ADR may not be recommended for co-parenting situations that involve a history of domestic violence or abuse.

Combine ADR with tools like TalkingParents for smoother co-parenting

Choosing to go through ADR is just one of several ways parents can approach shared parenting conflicts more productively. Adding tools like TalkingParents, an all-in-one co-parenting app, can give co-parents an extra boost in communicating with a child-centered approach. Judge Powazek emphasizes that using other resources during and after ADR can help co-parents create better outcomes for their children.

“Tools like TalkingParents and Soberlink have helped immensely—I used both when I was on the bench,” he says. “TalkingParents prevents unnecessary personal interactions between co-parents, and Soberlink provides a quick way to make sure no one violates court orders or endangers their children if alcohol is an issue.”

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