Minneapolis Alternative Dispute Resolution Attorney
Alternative dispute resolution (ADR) is an alternative to going to trial. It’s the opportunity for the parties in a family law case, such as divorce, to make mutual decisions that can prevent a judge from making the decisions for them. If a judge must make the decisions, the outcome may not be what either party is looking for. Through ADR and with the guidance of a Minneapolis alternative dispute resolution attorney, the parties have more control over the outcome of their case.
In-Depth Knowledge Of ADR Methods
John Burns is highly knowledgeable in ADR and the different methods. The two common types of ADR are:
- Early Neutral Evaluation
Mediation involves meeting with the other party and finding common ground. This is done in the presence of a neutral mediator who simply facilitates the meeting following a specific set of rules. The mediator ensures that the environment is a safe environment that is conducive to productive conversation and negotiation.
Early Neutral Evaluation, or ENE, is an alternative dispute resolution process where both people must agree to participate with or without an attorney. It is best to have an ADR lawyer by your side to help you throughout this process. When you know what to expect, it is easier to negotiate decisions.
There are two types of early neutral evaluation. They are:
- Social early neutral evaluation (SENE)
- Financial Early Neutral Evaluation (FENE)
Both SENE and FENE are similar to mediation. The difference is that they are specific to a particular area of the case. SENE deals with social aspects like child custody and parenting time, while FENE deals with finances.
Guidance Through The ENE Process
An ENE process involves the Minneapolis alternative dispute resolution attorneys negotiating on an evaluator and the evaluation process to be used. One of the attorneys sends the recommendation to the family court judge for approval.
After judicial approval, the attorneys will schedule a time with the evaluator or evaluators to begin the process. The evaluators will have to receive all relevant documents from the attorneys.
At the evaluation, each side is able to tell their side. The evaluator(s) then provide their opinion based on the facts or they will let the parties work together to reach an agreement.
If the parties are able to agree, the agreement is put in writing and submitted to the judge for approval. One of the attorneys will draft this agreement for submission. If the court approves, the case ends, and the agreement becomes the court order. If the parties can’t agree, the case goes to trial where the family law attorneys can then represent their clients to fight for the conclusions they are looking for.
Contact A Minneapolis Alternative Dispute Resolution Attorney
Alternative dispute resolution is an effective method of reaching a conclusion in a family legal matter. Both parties can reach common ground and leave the matter more satisfied than if they would if they had to leave the decisions up to a judge. With the help of an experienced ADR attorney, you will have the proper guidance and information to make the right decisions throughout the process. To learn more about how the Burns Law Office can help you, call 952-898-6834 to request a free consultation.