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Alternative Dispute Resolution (ADR)


Alternative Dispute Resolution (ADR) refers to a range of processes, such as mediation, arbitration, parenting coordination, and collaborative divorce, that allow families to resolve legal issues without relying solely on traditional courtroom litigation. In family law, ADR can be used to address divorce, custody, support, property division, and post-judgment disputes in a more private, flexible, and often more efficient way. These processes emphasize communication, problem-solving, and tailored solutions, giving families greater control over outcomes while still operating within the framework of Pennsylvania law and preserving the option of court involvement when necessary.

Why Choose Feinman & Childs Family Law for ADR

Our firm has a long history of family-centric, settlement-oriented representation. When possible, we use various alternative dispute resolution methods to help clients arrive at custody and visitation agreements and comprehensive divorce settlements, always with an eye toward preserving important family relationships where possible. Our firm’s attorneys are recognized leaders in family law ADR:

Our attorneys have written and spoken about ADR in family law, including arbitration, mediation, and collaborative law.

Partner Sarinia M. Feinman is trained in collaborative law.

Partner Lindsay H. Childs is certified as a mediator and parenting coordinator in Pennsylvania.

Types of Alternative Dispute Resolution

Arbitration is a form of Alternative Dispute Resolution in which the parties hire a neutral arbitrator (often a seasoned family law attorney) to hear their case and make a decision outside of court. This practice can be used when specific issues prevent an amicable settlement or when parties need a private, efficient way to resolve disputes.

In family law arbitration:

  • The process is private and confidential, unlike most court proceedings.
  • The parties and counsel present evidence and arguments to the arbitrator, who issues a binding decision (similar to a judge’s ruling) under Pennsylvania law.
  • Arbitration can often be scheduled more quickly and tailored to the complexity of the case, which is especially useful in higher-asset or more technical divorces.

Our attorneys advise clients on whether divorce arbitration may be best for their family and will represent clients effectively throughout the arbitration process or in court if necessary.

Mediation is a voluntary process where a neutral mediator helps spouses or co-parents communicate, identify issues, and work toward a mutually acceptable agreement. The firm regularly uses mediation and four-way meetings to help clients reach resolution on custody and visitation arrangements and other family law issues outside of court.

Key features of mediation include:

  • The mediator is neutral and does not represent either party.
  • The focus is on problem-solving and settlement, not “winning” or “losing.”
  • The firm recommends that each spouse maintain their own consulting attorney during mediation to explain rights and review any proposed agreement.

As mentioned, Lindsay H. Childs is a certified mediator, and is experienced in serving as a neutral in family law disputes. She may be retained solely as a mediator in appropriate divorce or custody matters, or she can represent a party whose case proceeds through mediation conducted by another neutral.

Parenting coordination is a specialized form of Alternative Dispute Resolution used in high-conflict custody situations after a final custody order has been entered. The Pennsylvania Supreme Court re-authorized parenting coordination programs in 2019, and our firm has actively educated the public about how those programs work in our state.

A parenting coordinator:

  • Is appointed by the court after a final custody order exists
  • Is used when repeated or “obdurate” conflict between the parents interferes with carrying out the custody order
  • Helps implement the existing order by resolving day-to-day disputes (for example, about exchanges, holiday time, or extracurricular activities) within defined limits set by the court

Family law attorney Lindsay H. Childs completed the required training in 2019 to serve as a parenting coordinator in Pennsylvania and can be appointed by the court to assist parents who continue to struggle with conflict around implementing their custody arrangements.

Parenting coordination is particularly valuable when parents want to avoid repeated court appearances but still need structured help managing ongoing conflict in the best interests of their children.

Collaborative divorce is a structured no-court divorce process in which both spouses and their collaboratively trained attorneys commit to resolving all issues, such as property division, support, and custody, without litigation. Collaborative divorce helps ensure:

  • You understand your rights and obligations
  • Your interests are protected
  • All marital assets and property are fully disclosed and properly valued
  • All important issues for your family are addressed in a comprehensive, durable agreement

In the collaborative process:

  • The parties and attorneys work through a series of joint meetings instead of court hearings.
  • The team may include neutral professionals, such as financial or mental-health specialists, to help address complex financial questions or co-parenting issues.
  • If the collaborative process breaks down and litigation becomes necessary, the collaborative attorneys must withdraw, which helps keep everyone focused on settlement, when possible.

Our firm has been an advocate for collaborative divorce as a way to resolve family law matters in a manner that respects ongoing relationships, especially where children are involved, and reduces the emotional and financial toll of traditional litigation.

Frequently Asked Questions About Alternative Dispute Resolution

As family lawyers, we get many questions about Alternative Dispute Resolution from families who would prefer to avoid court if they are able. Following are a few of the most common.

How is ADR different from going to court?

In court, a judge ultimately decides contested issues after formal hearings or a trial. ADR methods such as mediation, arbitration, collaborative divorce, and parenting coordination use less formal procedures and give parties a more active role in how issues are raised, discussed, and resolved. Instead of presenting everything through motions and testimony, ADR typically involves meetings or conferences where the parties, their lawyers, and sometimes neutral professionals work directly on potential solutions. The court remains available if an issue cannot be resolved, but ADR often narrows or resolves disputes before a judge ever needs to decide them.

Why is alternative dispute resolution (ADR) especially beneficial in gray divorces for spouses aged 50 and older?

ADR is often a strong fit for gray divorces because it can be better aligned with the financial, health, and timing concerns of spouses in their 50s, 60s, and beyond. Older spouses may have limited earning years left, more medical needs, retirement benefits already in pay status, and existing estate plans. Prolonged, high-conflict litigation can be financially draining, physically and emotionally taxing, and slower than they would like at a stage of life where stability and predictability matter.

What is the difference between mediation and arbitration?

Mediation and arbitration are both forms of ADR, but they work very differently.

Mediation

  • Role of the neutral: A mediator is a facilitator, not a decision-maker.
  • Goal: Help the parties reach their own agreement.
  • Control: The parties stay in control—nothing is decided unless everyone agrees.
  • Process:
    • The mediator helps identify issues, exchange information, and explore options.
    • The mediator may offer ideas or pressure-testing, but does not impose a result.
  • Outcome:
    • If an agreement is reached, it’s usually put in writing and then turned into a formal settlement agreement or court order.
    • If there’s no agreement, you can still go to court; mediation doesn’t take away that right.

Arbitration

  • Role of the neutral: An arbitrator acts more like a private judge.
  • Goal: Have a neutral person decide the dispute after hearing both sides.
  • Control: The arbitrator (not the parties) makes the final decision on the issues submitted.
  • Process:
    • Each side presents evidence and arguments, sometimes in a hearing similar to a streamlined trial.
    • Rules of evidence are often more relaxed, and procedures can be more flexible than court.
  • Outcome:
    • The arbitrator issues an award. Depending on the agreement and governing law, that decision can be binding and enforceable in court, with very limited appeal rights.

In family law, mediation is common and arbitration is used more selectively, often for financial issues where parties want a faster, private decision instead of a full trial.

What are the benefits of divorce arbitration?

There are multiple benefits, including:

  • Quicker, more continuous process than trials, which can drag on for years
  • Confidential and private hearings
  • Flexible scheduling chosen by the parties
  • The couple can choose which issues to submit to the arbitrator
  • Complete information sharing on disputed issues
  • Arbitration awards become part of an enforceable divorce decree
  • Arbitration can provide a final resolution to the divorce
What is a four-way meeting, and how does it relate to ADR?

A four-way meeting is a settlement tool in a divorce case: an informal meeting among both spouses and their respective lawyers to discuss and try to resolve outstanding issues.

It is more relaxed and informal, similar to mediation, but with the advantage that both parties have their lawyers present to provide legal guidance and advocacy. Four-way meetings can:

  • Help evaluate the strength of each side’s case
  • Clarify where parties are close or far apart
  • Allow issues to be resolved and recorded in writing in real time
  • Sometimes lead to a signed agreement if preparation has been thorough

Is Alternative Dispute Resolution Right for You?

Every family is different. For some, a collaborative divorce or mediation process offers the best opportunity to preserve co-parenting relationships and privacy. For others, arbitration or parenting coordination may be the most effective form of Alternative Dispute Resolution to resolve specific disputes while avoiding repeated trips to court.

At Feinman & Childs Family Law, we take the time to understand your family’s needs, goals, and concerns and then recommend the Alternative Dispute Resolution approach, or combination of approaches, that best fits your situation. If ADR is not the right fit for you, we are fully prepared and skilled to represent you in the courtroom.

To learn more about arbitration, mediation, parenting coordination, or collaborative divorce, or to schedule a consultation with one of our family law attorneys, please contact our King of Prussia office.

Contact Feinman & Childs for Skilled Alternative Dispute Resolution Services

At Feinman & Childs Family Law, we understand that the way you resolve your family law matter is important. Alternative dispute resolution offers you a chance to design solutions that truly fit your family, while preserving your ability to go to court if necessary. Whether you are seeking a neutral mediator or strong representation in mediation and, if needed, litigation, our team is ready to stand with you. If you are considering ADR in Pennsylvania, we invite you to contact us and take the first step toward a more manageable, informed, and respectful way to resolve your family law dispute.

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