4. Make an ADR agreement with your partner
Question & 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.
