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Executive Treatment Solutions

ADR and Substance Use

Can Alternative Dispute Resolution Be Used When Substance Use Is an Issue?

Potentially. Substance-use concerns do not automatically make mediation or another ADR process impossible. Safety, capacity to participate and the type of process all matter.

ADRSubstance Use

Quick answer

Can ADR Work When Substance Use Is an Issue?

  1. Potentially. Substance-use concerns do not automatically make mediation or another ADR process impossible.
  2. Important issues can include safety, capacity to participate, power imbalance and current impairment.
  3. Domestic violence, child safety, reliability of agreements and the need for legal protections can also matter.
  4. Attorneys and the mediator determine the appropriate process.

Decision pathway

The Question Is Not Simply "ADR or No ADR?"

Decision pathway from a substance-use concern through capacity, safety, ADR type and clinical services to the process decision.

  1. Substance-use concern identified

  2. Is the person able to participate meaningfully?

  3. Are there safety or power-imbalance issues?

  4. What type of ADR is being considered?

  5. Are clinical or monitoring services relevant?

  6. Attorneys / mediator determine the appropriate process

Attorneys and the mediator determine the appropriate process.Source: Executive Treatment Solutions editorial summary

Participation

Capacity to Participate

A person needs to be able to understand and take part in the process. Current impairment during a session is a different issue from a past or managed substance-use condition. See Does a Recent Relapse Prevent ADR?

Safety

Safety and Power Imbalance

Domestic violence, child safety and serious power imbalances may require protections or a different process. ADR is not appropriate in every situation.

California custody

California Court-Connected Custody Mediation Is Separate

Court-connected custody mediation follows Rule 5.210. Family Court Services screens for restraining orders, safety concerns and other relevant issues. Private clinical monitoring does not control whether that mediation occurs. Local programs also differ.

Clinical

When Treatment or Monitoring Is Relevant

Qualified clinicians make treatment recommendations. Testing providers report results. That information may be shared with authorization. See Treatment Plan for Court and Remote Alcohol Monitoring.

Legal note

Whether ADR is appropriate is decided by attorneys, the mediator and, where required, the court. Clinical issues are assessed by qualified clinicians.

What ETS can and cannot do

Where Executive Treatment Solutions Fits

ETS can coordinate treatment, testing, monitoring and authorized documentation. ETS does not decide whether mediation is legally appropriate or whether someone may participate.

ETS is not a mediator or attorney.

Responsibilities

Who Does What?

Family-law counsel

Advises on process and protections.

Mediator

Assesses and facilitates the process.

Qualified clinician

Assesses and recommends treatment.

Testing provider

Reports testing information.

ETS

Coordinates services and records.

Questions

ADR and Substance Use: Frequently Asked Questions

Not automatically. Safety, capacity and the type of process matter.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide explains ADR and substance use at a general level. It is not legal or clinical advice.

Confidential consultation

Substance Use in a Dispute?

ETS can coordinate treatment, testing and records while counsel and the mediator handle the process.

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No ADR outcome is guaranteed.

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