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What is an Alternative Dispute Resolution Lawyer?

What is an alternative dispute resolution lawyer exactly, you may be wondering. Well, let us tell you. And, while we are at it, we will also say why it might be the best decision you make for your finances, happiness, and future.

Let’s face it, getting divorced is tough. We don’t know about you, but when most people fall in love, get married, and start a life together, the last thing on their minds is what it will be like when they get divorced. We are sure you were exactly the same way. On top of all of it, when you fell in love, you probably didn’t think about how you would navigate the separation process you are now going through. Welcome to the club, my friend. You are not alone.

So, if you are thinking about getting divorced, or are wanting to hire one of the best divorce lawyers for your case, we strongly urge you to consider hiring an alternative dispute resolution lawyer.

Quick Links

1. Types of alternative dispute resolution

2. Why to seek out an alternative dispute resolution lawyer

3. Alternative dispute resolution examples (coming soon)

4. Amicable divorce

Also known as ADR, alternative dispute resolution is another way of saying that you are going to resolve your family law matter, that is, get to a legally binding settlement while avoiding court. 

We have all heard terrible stories about family law matters where things have gone horribly wrong, thus costing the parties exorbitant legal fees, massive amounts of stress, and ongoing turmoil for years. A high-conflict family law matter is exactly the kind of dispute you want to avoid.

Types of alternative dispute resolution

Depending upon your jurisdiction, there are many forms of alternative dispute resolution and your alternative dispute resolution lawyer is a proponent of those methods of resolving your matter using these methods. They are also specifically trained to get you to the goal of resolution. 

For example, if you are getting divorced in British Columbia, such alternate dispute resolution methods available to you include:

   🔵  Negotiation, 

   🔵  Mediation, 

   🔵  Mediation vs arbitration, 

   🔵  Arbitration for divorce, 

   🔵  Binding arbitration divorce, 

   🔵  Four-way meetings, and 

   🔵  Collaborative family law. 

Most often, lawyers who use these strategies are required to take additional training to be certified to practice as an alternative dispute resolution lawyer. This means that your lawyer is going to have some really great skills to see your matter resolved and they will do it quicker, faster, better, and cheaper than a lot of lawyers out there.

6 Reasons why to seek out an alternative dispute resolution lawyer

1. Why not keep your hard-earned resources for yourself?

Although we cannot guarantee it, the likelihood that your family law matter is going to cost less to get finalized is way likelier compared to going to court.

2. Do you have to hate your ex forever?

For some folks, they want to make sure their ex never finds peace. They hope their ex goes on to live a highly miserable existence. But that is not most people. In our experience at Pathway Legal, most of our clients (especially after their separation agreement is signed and enough time goes by for their broken hearts to heal) hope that their ex finds happiness. Sometimes they even become friends. This is particularly important if you have kids together. Litigation pretty much ends any chance of people having an amicable relationship in the future. Going through an amicable divorce process will increase the likelihood of a peaceful future for everyone, even your ex. Let’s face it, hating someone is exhausting. Don’t let that be part of your future if you can avoid it.

3. You don’t want to go the way of these guys whose dirty laundry has splashed everywhere

  • Johnny Depp and Amber Heard
  • Tiger Woods and Elin Nordegren
  • Jennifer Aniston and Brad Pitt 
  • Angelina Jolie and Brad Pitt (We are sure the common denominator of these last two is not lost on you either).

Although your divorce is probably going to garner a lot less attention than Johnny’s and Amber’s, our world is smaller than you think. This is especially the case if you live in a smaller community. For example, if your divorce proceedings are in a smaller courthouse, like Victoria, Prince Rupert, Quesnel, or Kelowna, the likelihood that someone you know is going to hear about your case is pretty high. 

Do you really want the neighbour you don’t like to know your intimate personal business?

We think not.

Courtrooms are public places and one of the most significant benefits of alternative dispute resolution is that your private affairs stay just that, your private affairs.

Important Related Pages

Collaborative Family Law Professionals in British ColumbiaCollaborative Family Law
Divorcing Without Court in Victoria and British ColumbiaChoosing A Lawyer
Divorcing With Children in Victoria and British ColumbiaDivorce & Children
Divorcing With Children in Victoria and British ColumbiaYour Legal Team

4. Having a creative lawyer might sound like an oxymoron

But an alternative dispute resolution lawyer is going to have a way more creative approach to your family law matter.

For example, at Pathway Legal, we just had a case where the parties were getting divorced in Victoria, British Columbia. Like many places in our province, rents are high, and buying property is expensive. If the parties did the traditional thing, the judge of the court would have ordered that these parties sell their property, split the money and be done with it. They likely would not have been able to buy into the real estate market again. Their rents were going to be much higher than their mortgage payment.

So, because these parties used adr dispute resolution, they decided to continue co-owning their house for the foreseeable future. This was a win for each of them because they are able to stay in the real estate market and it has benefitted their kids who get to stay “home” until they graduate from high school.

5. Oh, and there is the STRESS!!!!

woman going for a walk in nature

You likely have genuine and reasonable fears about your finances, your plan for co parenting after divorce, and where you are going to live. Add to that the whole thing of court and yikes. Handing over significant decisions to some person who has never met you before (the judge) is risky business and it is stressful when you do that! We are not saying for a second that divorce is not stressful. It is. We are not saying that attending a process where you use alternate dispute resolution isn’t stressful. It is stressful.

However, when going through alternative dispute resolution mediation, for example, you can get the matter finalized in one day. Compare that to court, which can take many days. The stress is compounded and extended big time.

6. Why not get on with your future rather than wait for a trial date?

If you use an alternative dispute resolution lawyer to reach an alternative dispute resolution agreement, there is a much higher likelihood that you will save oodles, and we mean oodles of time. When you go to court, the court calendar, judges, and courtroom availability control the timing of finalizing your matter. This is much different than working in a process where everyone is motivated to meet, resolve, and finalize your case.

Summary of alternative dispute resolution lawyer

Your alternative dispute resolution lawyer will guide you through the process of getting you to the goal. What is that goal again? It is a legally binding final separation agreement. You will get to that goal quicker, with less financial cost, less damage to your future relationship, way less stress, and let’s face it, less embarrassment.


Ask Journey
Do You Need an ADR Lawyer?

Journey here. You have heard the term "alternative dispute resolution lawyer" and you are wondering what it actually means for you. Good question. Here is what I know, and why it might matter more than you think.

What Is an ADR Lawyer?
What exactly is an alternative dispute resolution lawyer?
An alternative dispute resolution lawyer, or ADR lawyer, is a family law lawyer with additional training and a genuine commitment to resolving your matter without court. They are skilled in negotiation, mediation, collaborative family law, four-way meetings, and other processes that get you to a legally binding final separation agreement without handing control of your family's future to a judge. In BC, ADR lawyers often hold additional certifications in mediation or collaborative practice on top of their law degree.
Is an ADR lawyer the same as a regular divorce lawyer?
Not exactly. All ADR lawyers are family lawyers, but not all family lawyers are ADR lawyers in any meaningful sense. The difference is training, orientation, and track record. An ADR-focused lawyer has made a deliberate choice to build their practice around resolution rather than litigation. They measure success by how efficiently and how peacefully they get clients to a final separation agreement, not by how many trials they have run. When you are choosing a lawyer, it is worth asking directly: what percentage of your files go to court, and what dispute resolution training do you hold?
Does an ADR lawyer ever go to court?
Yes, when it is genuinely necessary. An ADR lawyer is not a lawyer who refuses to go to court regardless of circumstances. They are a lawyer who works hard to keep you out of court because they understand what litigation actually costs families. When urgent interim orders are needed, when the other party refuses to participate in any reasonable process, or when safety is at stake, an ADR lawyer will take the matter to court. The difference is that it is a considered last resort, not a default.
The Case for Choosing an ADR Lawyer
Will hiring an ADR lawyer actually save me money?
In most cases, yes, and often significantly. Litigation is expensive in ways that are hard to fully anticipate at the start. Court dates get adjourned. Preparation takes time. Every delay means more legal fees. ADR processes, by contrast, are built around motivated parties who want to reach a conclusion. We cannot guarantee outcomes, but the probability of spending less through an ADR process than through contested litigation is high. Even a well-run collaborative matter, which can involve more professionals upfront, tends to cost less overall than a contested court case that drags on for many months, and sometimes years.
What happens to my privacy if I go to court instead of using ADR?
Court proceedings in BC are public. Anyone can walk in and sit through your hearing. The financial details of your separation, the parenting disputes, the most personal chapters of your marriage, can all become part of the public record. In smaller communities, courthouses, and BC has plenty of them, from Victoria to Prince Rupert to Kelowna, the chances of someone you know hearing about your case are higher than you might expect. ADR processes are private and confidential. What happens in mediation or a four-way meeting stays between the parties and their lawyers.
I do not care if my ex is happy. Why should I choose ADR?
Because the choice is not really about your ex's happiness. It is about yours. Litigation is exhausting, expensive, and slow. The stress extends over many months and sometimes years, and it seeps into every part of your life. ADR gets you to a final separation agreement faster, with less financial damage, and with more energy left over to actually build the life you are moving toward. You also retain far more control over the outcome than you would in a courtroom, where a judge who has never met you makes binding decisions about your finances and your family. If you have children, a working relationship with your ex after everything is settled matters practically, regardless of how you feel about them right now.
Can ADR produce creative solutions that court cannot?
Yes, and this is one of the most underappreciated advantages. A judge applying the law to your circumstances has limited options. Parties working through ADR can craft agreements that fit their actual situation. A couple in Victoria, for example, recently used ADR to agree to continue co-owning their home rather than selling it, because selling would have meant both of them leaving the real estate market in a city where rents have far outpaced what their mortgage cost. Their children got to stay in their home through high school. A judge would almost certainly have ordered the property sold and the proceeds split. ADR let them find a solution that worked for their family's real life.
How much faster is ADR compared to going to court in BC?
Significantly faster. In BC, the court system is under considerable pressure, and getting a trial date can mean waiting many months, and sometimes years. In that time, your matter is unresolved, your costs are accumulating, and your life is on hold. ADR processes move at the pace you and the other party set. A well-run mediation can resolve a matter in a single day session. Even more complex ADR processes tend to conclude in weeks or months, not years.
Choosing the Right ADR Lawyer
What should I look for when choosing an ADR lawyer in BC?
Look for a lawyer who specializes in family law, not a general practitioner who occasionally handles family matters. Ask specifically about their dispute resolution training and certifications. Find out what percentage of their files resolve without court. Ask how they handle situations where the ADR process stalls. A genuinely resolution-focused lawyer will have clear answers to all of these questions and will be able to describe a real track record of helping clients reach final separation agreements outside the courtroom.
Does it matter which lawyer my ex hires?
It matters more than most people realize. The lawyer on the other side of your matter has a significant effect on whether ADR processes work. A lawyer who is not trained in dispute resolution, or who defaults to adversarial tactics, can derail even the most cooperative process. You cannot control who your ex hires, but you can choose your own lawyer carefully, and a skilled ADR lawyer on your side can often steady a process even when the other side is less cooperative than ideal.
What if I have already hired a combative lawyer and I want to switch?
You can change lawyers at any point in your matter. If you feel your current lawyer is escalating conflict unnecessarily, prioritizing their own schedule over your timeline, or is not genuinely working toward resolution, switching is a legitimate choice. The transition takes some coordination, but it is worth it if the alternative is being dragged through a prolonged and expensive process that is not serving you. A new lawyer can often reset the tone of a file significantly.
Does Pathway Legal handle ADR for clients across all of BC?
Yes. Pathway Legal serves clients throughout British Columbia from offices in Victoria, Nanaimo, Vancouver, and Surrey, and province-wide by video. Dispute resolution processes including mediation, collaborative law, and four-way meetings can all be conducted by video, which means geography is not a barrier to getting resolution-focused representation.
ADR and Your Specific Situation
What if my ex is unreasonable? Can ADR still work?
Sometimes yes, and the answer depends on the specific type of unreasonable. A person who is emotional, grieving, or reactive, but fundamentally rational, can often be guided to resolution through a well-structured mediation process with a skilled mediator and good legal support on both sides. A person who is acting in systemic bad faith, hiding assets, or using the process as a tool of control presents a harder problem, and a court process may ultimately be necessary. An experienced ADR lawyer can read the situation and advise you honestly on when to push for resolution and when to shift strategy.
There was family violence in our relationship. Is ADR still an option?
This requires careful assessment and is not a situation with a blanket answer. In some circumstances, ADR processes can be structured in ways that account for power imbalances, including shuttle mediation where the parties are in separate rooms and the mediator moves between them. In other circumstances, the power imbalance or safety risk is significant enough that court is the more appropriate route. Please discuss your specific situation with a lawyer who has experience in family violence dynamics before committing to any ADR process. Your safety is the first consideration, full stop.
Can ADR work if children are involved?
ADR is often the better choice precisely because children are involved. Court proceedings expose children to conflict, stress, and financial strain, even when parents do everything possible to shield them. An ADR process that reaches a final separation agreement in months rather than years gives children more stability, sooner. Collaborative family law in particular can involve child specialists who help design parenting arrangements around what actually works for the children, not just what fits a legal template. The result tends to be a parenting plan that both parents can actually live with, which matters for years after the agreement is signed.
Ready to talk to an ADR-focused family lawyer?
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This FAQ is for general informational purposes only and does not constitute legal advice. Family law is fact-specific and the law changes. Reading this does not create a lawyer-client relationship with Pathway Legal. For advice about your specific situation, including whether ADR is appropriate where family violence is involved, consult a qualified BC family law lawyer.

Victoria  |  Nanaimo  |  Vancouver  |  Surrey  |  Province-wide by video

This article is for general informational purposes only and does not constitute legal advice. Family law is fact-specific and the law changes. Reading this does not create a lawyer-client relationship with Pathway Legal. For advice about your situation, consult a qualified BC family law lawyer.