INFORMED DIVORCE/DISSOLUTION RESOLUTION (IDR)
Why We Created IDR
After over twenty years of divorce litigation we came to a troubling conclusion: in most cases litigation is not good for families. Litigation is an adversarial model based on winning and losing, not on cooperatively working towards a reasonable outcome. It wastes money, promotes conflict, and often takes years to conclude. Sometimes litigation is necessary, such as when one or both parties are unable or unwilling to seek a reasonable compromise, but we believe most people can and will reach reasonable and fair agreements when they are given good information and an opportunity to do so. We developed the Informed Divorce/Dissolution Resolution process (IDR) to provide that opportunity to those that want it.
Some people can resolve their divorces without the need for any professionals including attorneys. In fact, the Alaska Court System has done an excellent job providing the public with self-help materials. In many cases, however, dividing a marital estate and finalizing a divorce can be a daunting process. Issues such as understanding Alaska law concerning property division and custody, the valuation of marital assets, the division of pensions, and determining what is and what is not marital property present a variety of legal and technical issues. We believe that people who are faced with such a situation do not necessarily need litigation. What they need most is information. The IDR process is designed to efficiently provide that information to both spouses so that they can reach an informed settlement agreement.
The IDR Process IDR begins with an intake meeting in which we will provide an overview of the process and answer any questions you might have so that you can determine if IDR is right for you. If you decide to retain us, our first step will be to assist you in gathering all of the information necessary to determine what assets are part of the marital estate as well as the parties’ relative financial circumstances. A critical component of the IDR process is that both parties must be committed to transparency. Evasion, secrecy, or advantage seeking has no place in the process. Once we have gathered the relevant financial information, we will generate a spreadsheet that identifies marital and potential marital assets. We will also develop a plan to arrive at fair market valuations of this property. In the next part of the process we will provide you with detailed information regarding the law applicable to your divorce. We will tell you where the law is clear and unambiguous as well as when we believe that the law is unsettled or the facts in your case point to a range of possible outcomes. In such cases, we will provide our best analysis as to the likely range of outcomes if you were to attempt to resolve the matter through litigation. What is critical to this process is that both parties will be provided the same information. In most cases we will communicate with both parties at the same time, but even if we have separate conversations with the parties there are no secrets. All relevant information is shared with both parties always. Mediation begins when both parties have an understanding of the marital estate, and the law applicable to their individual circumstances. Our mediation process differs from most divorce mediations in a few important ways. In our years of practice, we have seen many situations in which one spouse/domestic partner enters mediation with significantly more information about the marital estate and Alaska law. At times, that imbalance has led to a mediated agreement that it outside the range of reasonable outcomes under the laws of Alaska. Many mediators believe that it is not their role to tell one or the other party what the law is; instead they see their role as simply helping the parties to reach an agreement. The problem with these situations is not so much that the final agreement diverged from what could have resulted had the matter been litigated. The problem is that the “losing” party was unaware of this fact. IDR does not allow for such a result, because we will frankly inform both parties if we believe that a proposal is outside a reasonable range of litigation outcomes. The notion of “reasonableness” marks another important element of our approach to mediation. We define reasonableness not in terms of subjective notions of right and wrong. Rather, we define reasonableness in objective terms – what is the likely outcome if a case were to be litigated through the courts. If, after careful analysis we believe that there is a range of possible outcomes, then a “reasonable” outcome is one that falls somewhere within that range. For parties with children we will assist you to reach a child-centered parenting plan. When the parties have reached a final agreement, we will draft the documents necessary to execute your agreement. This includes the documents needed to be filed with the court. We will, as appropriate, either file the documents for you or will provide you with detailed instructions regarding how to do so yourself. At the end of the process you will not only have a complete resolution of all matters relating to your divorce at a fraction of the cost of litigation, you will have maintained your dignity and decency in the most trying of circumstances.
The IDR Process IDR begins with an intake meeting in which we will provide an overview of the process and answer any questions you might have so that you can determine if IDR is right for you. If you decide to retain us, our first step will be to assist you in gathering all of the information necessary to determine what assets are part of the marital estate as well as the parties’ relative financial circumstances. A critical component of the IDR process is that both parties must be committed to transparency. Evasion, secrecy, or advantage seeking has no place in the process. Once we have gathered the relevant financial information, we will generate a spreadsheet that identifies marital and potential marital assets. We will also develop a plan to arrive at fair market valuations of this property. In the next part of the process we will provide you with detailed information regarding the law applicable to your divorce. We will tell you where the law is clear and unambiguous as well as when we believe that the law is unsettled or the facts in your case point to a range of possible outcomes. In such cases, we will provide our best analysis as to the likely range of outcomes if you were to attempt to resolve the matter through litigation. What is critical to this process is that both parties will be provided the same information. In most cases we will communicate with both parties at the same time, but even if we have separate conversations with the parties there are no secrets. All relevant information is shared with both parties always. Mediation begins when both parties have an understanding of the marital estate, and the law applicable to their individual circumstances. Our mediation process differs from most divorce mediations in a few important ways. In our years of practice, we have seen many situations in which one spouse/domestic partner enters mediation with significantly more information about the marital estate and Alaska law. At times, that imbalance has led to a mediated agreement that it outside the range of reasonable outcomes under the laws of Alaska. Many mediators believe that it is not their role to tell one or the other party what the law is; instead they see their role as simply helping the parties to reach an agreement. The problem with these situations is not so much that the final agreement diverged from what could have resulted had the matter been litigated. The problem is that the “losing” party was unaware of this fact. IDR does not allow for such a result, because we will frankly inform both parties if we believe that a proposal is outside a reasonable range of litigation outcomes. The notion of “reasonableness” marks another important element of our approach to mediation. We define reasonableness not in terms of subjective notions of right and wrong. Rather, we define reasonableness in objective terms – what is the likely outcome if a case were to be litigated through the courts. If, after careful analysis we believe that there is a range of possible outcomes, then a “reasonable” outcome is one that falls somewhere within that range. For parties with children we will assist you to reach a child-centered parenting plan. When the parties have reached a final agreement, we will draft the documents necessary to execute your agreement. This includes the documents needed to be filed with the court. We will, as appropriate, either file the documents for you or will provide you with detailed instructions regarding how to do so yourself. At the end of the process you will not only have a complete resolution of all matters relating to your divorce at a fraction of the cost of litigation, you will have maintained your dignity and decency in the most trying of circumstances.