divorce conceptAnyone confronted with the specter of divorcing their spouse has a dizzying array of options that often complicate, rather than streamline, the process of splitting up. This article explores the field of alternative dispute resolution (ADR) techniques that have sprung up largely as a result of dissatisfaction with the litigated model of getting divorced using the courts.

ADR has been around for hundreds of years. In religious circles in bygone eras (and still sometimes today), people who had an intra-family dispute would consult their minister, rabbi, or other spiritual advisors who would try to broker a resolution taking into account the differing viewpoints of the disputants. In really bygone eras, disputes were settled in a trial by combat where the disputants would bludgeon each other with the victor claiming the spoils of violence.

In New York, there are five ways to resolve disputes arising during a divorce: litigation; arbitration; private mediation; court-sponsored mediation; court-sponsored "early neutral evaluation" (ENE); and Collaborative Divorce.