Collaborative Law is a structured process that provides divorcing parties and parties involved in other family law disputes an alternative to litigation. Although developed over 17 years ago, it has yet to reach all areas of the country. Collaborative Law allows the parties to keep control of their destiny by hiring lawyers committed to a process of including the parties, by use of group meetings, in all negotiations and discussions in a collaborative effort to resolve the matter without going to court. The Collaborative Law lawyers agree not to represent the parties in court should either party decide to litigate their differences. This process has successfully achieved satisfactory results for divorcing parties and is much less stressful for all the parties involved.
Meditation during divorce is a way of finding solutions to issues such as child custody and spousal support. It is an alternative to formal process of divorce court. During mediation, both parties to the divorce and their lawyers meet with a court appointed third party. This third party, the “mediator” assists the parties in negotiating a resolution to their divorce.
Parties have the opportunity to discuss the issues, clear up any disagreements and come to an agreement that they both agree to.
The mediator is an objective party. It is not his job to resolve problems or force an agreement on the parties. She helps the parties come to an agreement by acting as an intermediary. He may offer an opinion or make suggestions but, at no time are they allowed to force an agreement upon the parties.
Some of the Advantages of Mediation:
- Saves time and money. If successful, mediation means sidestepping the formal process of divorce court. This shortens the process for the parties and helps minimize the caseload of the Family Court System.
- Is fair to all concerned. The mediator is a third party who has no interest in the outcome. She stands to gain nothing. As a result of their objectivity they may be able to see solutions the parties can’t because they are not emotionally invested in the outcome.
- It is a confidential process. There is no court reporter taking down every word said. You don’t have to worry about your “dirty laundry” being aired in public. There is no public court process.
- Avoids long, drawn out litigation, saves money in lawyers’ fees and cuts down on the steps one normally has to go through to obtain a divorce.
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Feel free to contact us at any point for assistance or advice with respect to Family Law. We may be reached at 705.435.4339 or contact us via email.
