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SETTING THE STAGE FOR ADR

When you are considering filing for a divorce that you believe will be completely amicable, it can done in an alternative dispute resolution (ADR) rather than high conflict litigation, even if there is real property or a business. You must set the stage to do ADR. One of the first things that you need to do before you decide what avenue to take is to meet with someone who can spot issues where you can expect there to be serious controversy and who will tell you how to diffuse those issues.

Even if you do not achieve your objective to have the other side buy into the alternative dispute resolution of an amicable divorce, you will have at least set up your case for the court litigation process, because the court will consider any offers you have made to try to reduce litigation. If the alternative dispute resolution fails and you do end up in a trial, you will be able to identify for the court all the efforts you have made to try to resolve the issue short of going to a court hearing. This will afford you the right to request attorney's fees from the other side, because you were reasonable in your approach to the case, even when the other side was unreasonable.

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