Alternative Dispute Resolution: When Families Can’t Agree

Jun 16, 2025
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Close-up of man holding pen and blue clipboard with paper that says, “alternative dispute resolution.”

From divorce and child custody battles to elder care arrangements, courtroom litigation isn’t always the most positive or efficient way to resolve sensitive family conflicts. Alternative Dispute Resolution (ADR) offers New Jersey families a private, cost-effective way to resolve legal disputes outside the courtroom.

The family law attorneys at Sarno da Costa D’Aniello Maceri Webb LLC, led by Angelo Sarno, are well-versed in settling disputes through ADR methods such as mediation and arbitration. Here, we explore what ADR is and how it can help reduce conflict and empower families to make informed decisions.

What Is Alternative Dispute Resolution?

Alternative Dispute Resolution (ADR) is a legal process used to settle disputes without going to trial. In addition to being an effective tool to resolve family law matters like divorce and child custody, it’s also commonly used in other areas of the law, such as business disputes and personal injury claims.

 In family law, alternative dispute resolution can help preserve relationships, protect each individual’s rights, and safeguard the best interests of children in a less adversarial setting than a courtroom. There are two main types of ADR that are used in family law: mediation and arbitration.

What Is Mediation?

Mediation is a cooperative process in which parties work to resolve conflicts through guided discourse. A trained mediator helps all parties clarify their positions, state their needs, and find common ground toward resolution. Mediation is non-binding, and mediators do not make decisions, but are there to facilitate productive communication, compromise, and agreement.

How Mediation Helps in Family Law Disputes

Divorce and Separation

Mediation can be a valuable tool to resolve issues in a divorce, including:

Mediation gives couples more control and agency to come to a mutual agreement instead of leaving the outcome of a divorce up to a judge.

Child Custody

Child custody disputes are among the most contentious and emotionally taxing family law issues. Mediation can help parents work out matters such as:

  • Decision-making responsibilities
  • Custody schedules and parenting time
  • Relocation
  • Holiday visitation
  • Communication arrangements, such as phone calls, video chats, etc.
  • Other issues specific to a family’s situation

A mediator can help parents stay focused on their child’s best interests. This can reduce hostility and improve co-parenting relationships in the long run.  

Long-Term Care and Estate Issues

As parents and other loved ones age, families often disagree on the best way to care for them. Mediation can help families navigate decisions such as:

  • Living arrangements, such as in-home care vs. assisted living
  • Preferences for medical treatment and end-of-life care
  • Financial responsibilities
  • Guardianship or conservatorship
  • Power of attorney disputes
  • Claims of undue influence

Mediation can give adult siblings and other family members a chance to voice their concerns, preserve family relationships, and avoid costly courtroom litigation.

Our family law attorneys are seasoned negotiators with extensive experience in mediation. We ensure your interests are protected and work to achieve the best possible outcome without court involvement.

What Is Arbitration?

Arbitration is a more formal Alternative Dispute Resolution method that can be legally binding but takes place outside of court. In arbitration, both parties agree to have a neutral third-party arbitrator issue a decision after hearing evidence and arguments, much like a judge. It can be binding or non-binding, depending on what the parties agree to.

How Is Arbitration Used in Family Law?

When meditation has failed or a case involves serious conflict or significant assets, arbitration can provide a faster, more affordable solution than a drawn-out court battle. Some common issues that are often settled through arbitration include:

Unlike going before a judge, arbitration gives parties an opportunity to choose the arbitrator and provide input on the rules of the process. If arbitration is binding, the decision is legally enforceable and usually cannot be appealed, which can provide closure to all involved parties.

Benefits of Mediation and Arbitration

These Alternative Dispute Resolution methods offer many benefits for resolving family conflicts. Easier scheduling, shorter timelines, and fewer procedural requirements help families save both time and money by avoiding litigation.

ADR is typically less adversarial, which can reduce stress and emotional harm and preserve relationships, which is particularly important when children are involved. In a courtroom, a judge makes all the decisions. In ADR, parties have more input and control over the outcome of their case. Both mediation and arbitration are confidential, so anything that is discussed or resolved is not part of the public record.

When Is ADR Not Suitable for Resolving Disputes?

Although ADR is beneficial in many cases, it’s not always the best solution. ADR may not be useful for:

  • Cases involving domestic violence or child abuse
  • Situations in which one party is unable to advocate for themselves
  • Circumstances in which one side refuses to participate in good faith

An experienced family law attorney can assess your case, discuss your concerns, answer questions, and determine whether Alternative Dispute Resolution is a practical option for you.

Our Family Law Attorneys Guide You Through the ADR Process

Our family lawyers know how stressful and overwhelming these types of conflicts can be. We’re here to help mediation or arbitration run as smoothly as possible and help you reach a fair agreement.

Your family law attorney can prepare and submit mediation or arbitration agreements, represent you during ADR proceedings, ensure your rights and interests are protected, and draft legally sound settlement agreements. After a resolution is reached, we ensure all required legal documents are filed and any results are backed up with court orders, such as child custody agreements.

Whether you need help hashing out the details of a divorce or want to avoid the cost and stress of going to court, our certified matrimonial attorneys can help you use alternative dispute resolution methods strategically and effectively.

Contact Family Law Attorneys Near You in New Jersey

Family disputes don’t always need to end up in court. Our family law attorneys at Sarno da Costa D’Aniello Maceri Webb LLC can help you resolve these matters with expedience and respect through alternative dispute resolution. To learn more, contact us or call  973-274-5200 to schedule a consultation with a family law attorney in New Jersey. We offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.

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