Several studies suggest that ADR produces levels of satisfaction not achievable through other forms of dispute resolution (Sander 1996; Susskind 1995). This is likely due to ADR's lower cost and more rapid results. Mediation, in particular, engages the parties directly and gives them control over the outcome—something litigation does not do, in part because parties must speak through their counsel and cannot have a normal conversation with the judge. Private caucuses in JDR allow parties to speak directly and confidentially with the judge and with each other.

JDR usually moves the judge and the parties out of the courtroom to another part of the courthouse. It shuts down most fault-finding and avoids the airing of private grievances in a public setting (which often triggers escalation). JDRs are off the record, unlike normal courtroom proceedings which are taped or transcribed. Avoiding the trauma of cross-examination on almost every personal detail, including one's ability to parent, increases the odds of restoring family unity. Our JDR case studies show how voluntary agreements can arise from highly emotional contexts. We now look closely at a family law case, originally battled in court, but finally resolved through JDR.

Summary of The Divorce Case

The couple with two children were in a marriage that began to unravel. Dad filed first for divorce only a few years into the marriage, and mom filed soon thereafter, each seeking judicial resolution to settle several matters. Claims presented in affidavits and court filings sought a declaration of divorce, child support, clarity about parenting time, and a division of matrimonial property.

The parties received an interim court order calling for shared custody of their son, who would be with dad every other week. That worked until dad's work schedule changed, requiring him to commit to two weeks on and two weeks off. For a while, the parties managed to live within the new schedule; inevitably, though, disagreements arose. With nowhere else to go for help, the parties headed back to court.

Mom wanted to return to the terms of their initial court-ordered agreement, abandoning the informal arrangement they made when dad's schedule changed. In response, dad filed an application in court to officially amend the order to reflect his new schedule.