Alternative Dispute Resolution

The litigation process can be an expensive and stressful experience. In addition, the court system is frequently ill-equipped to deal with some of the many complex, sensitive and private issues that can arise upon the breakdown of marriages and common law relationships.

For this reason, Epstein Cole LLP was an early pioneer in the application of alternative dispute resolution techniques ("ADR") in the context of marriage breakdown. ADR refers to the practice of settling disputes outside the litigation process. The most common ADR techniques include mediation, arbitration and neutral evaluation.

Not only is ADR an effective tool for resolving parenting and child-related issues, but ADR also offers clients a creative, practical and cost-effective alternative for addressing complicated property and support issues. ADR is often successful because in negotiating their own settlement terms, parties are limited only by their own creativity. Courts, on the other hand, are limited in the relief that can be ordered.

Many lawyers at the firm have formal training and/or certification in mediation and arbitration. Consequently, ADR techniques and principles are part of the daily practice for most members of the firm. Our Senior Partner, Philip M. Epstein, devotes a substantial portion of his practice to acting as mediator and arbitrator.

Notwithstanding the many benefits of ADR, it is not appropriate in all cases. We will assist you in determining if either mediation or arbitration are right for you and your family.

Members of our firm are regularly retained by members of the family law bar, and appointed by the Courts, to mediate and/or arbitrate complicated family law matters. The specifics of our lawyers' ADR training are detailed in the individual lawyer profiles.

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