4. Make an ADR agreement with your partner
Question and answer
Can we resolve our family law issues without going to court?You and your partner must agree on the details of the ADR process. It is a good idea to put your agreement in writing before you start the process. This document can be called different things, such as a participation agreement, arbitration agreement, or agreement to mediate.
The agreement can include:
- the role of the family law professional who is helping you resolve your issue
- how your lawyers, if any, are involved
- the issues you cannot agree on
- what information is private or confidential and will not be shared in court
- how to give documents to your partner or the family law professional
- how you, your partner, or the family law professional can end the process
- who pays
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:
- Read it carefully. If you have a lawyer, you should have them read it as well. You need a lawyer if you are agreeing to or mediation-arbitration.
- Make sure that it includes all the important details about the process.
- Make sure you understand who can end the process, how it can end, and what happens at the end.
- Ask any questions you have.
- Make sure that you understand the agreement.