FAQs and Links
Who Pays for the Process?
The cost is usually divided between the parties, but the cost can be divided in whichever way you and your spouse agree.
What Does it Mean when the ADR Processes are Defined as Being Confidential?
Most ADR processes are confidential (other than parenting consulting), to allow the parties to discuss and make offers to each other openly without fearing that the discussion will be used against them later in the proceeding. Let’s say that several offers are exchanged but none of them are finally accepted. If the matter then proceeds to court, neither party may mention those offers to the Judge. Marty cannot be subpoenaed as a witness and his notes cannot be made available.
What if There is an Existing Order for Protection of if Domestic Violence has Occurred?
In those situations, Marty will conduct the ADR Sessions in separate rooms.
Is An ADR Agreement as Enforceable as a Court Order?
If an ADR agreement is reduced to a formal written agreement and the Order signed by the Judge it has the same enforceability as any other court Order.
Why Should I Elect ADR Instead of Just Proceeding to Court for My Unresolved Family Law Related Issues?
ADR options are much more affordable and will allow you and your spouse to tailor the terms of your agreement in a way that will benefit the entire family. Courts do not have the time to do everything necessary to make an intelligent decision on your family disputes. The court has too many cases and does not know you, your spouse or your children as well as you do. It is also, much quicker – you will need to wait months for a court date and then court has months thereafter to make its decision. The process is much more informal and your ADR provider, at Swaden Resolution Services, LLC, is a family law attorney with 38 years of experience trying cases; probably more experienced than the Judge who would be hearing the case.
Is it Necessary to Have an Attorney for Participation in ADR?
It is not necessary for you to have an attorney attend an ADR session with you (except for certain ADR options that so require). It is best, however, that you meet with an attorney for a consultation before your first session, so that you are familiar with the law, its terminology, and have that ability to get answers to some of your legal questions. Even though Marty Swaden is an attorney, he cannot give you legal advice. He is neutral; he does not represent either party so giving legal advice would negate the neutrality.
Will the ADR Provider Prepare all of the Necessary Legal Papers if an Agreement is Reached?
No. If an agreement is reached Marty will prepare a written summary of the agreement and then one of the parties’ attorneys will prepare the necessary legal documents.