2. Start the ADR process

You and your partner must agree to use an (ADR) process and you must agree on the details of the process. This includes:

  • which type of family law professional will help you resolve your issues
  • how your lawyers, if any, will be involved
  • who will pay for the costs
  • when you will do it

If you and your partner agree on the details of the ADR process, put your agreement in writing before you start. This document can be called a participation agreement, arbitration agreement, or agreement to mediate.

The agreement might include:

  • the role of the family law professional who is helping you resolve your dispute
  • how your lawyers, if any, will be involved
  • the issues to be decided
  • what information is private or confidential and will not be shared in court
  • how to exchange documents
  • how you, your partner, or the family law professional can end the process
  • who will pay

The family law professional who is helping you usually drafts the agreement and includes details about you, your partner, and your issues.

Before signing the agreement:

  • Review it carefully. If you have a lawyer, you should have them review it as well.
  • Make sure that it includes all the important details about the process.
  • Ask any questions you have.
  • Make sure that you understand it.
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