Mediation & Collaboration Divorce Alternatives

Aug 8, 2012 by

When it comes time to seek a divorce there are a few different options to the traditional method of battling the matter out in a courtroom. There are two lower cost alternatives available in the form of divorce mediators and collaborative lawyers that both spouses can share. Instead of each spouse hiring their own traditional divorce representation, divorce mediation and collaborative law can be good options for reasons of reduced cost and increased convenience.
Divorce mediation involves one licensed mediator handling the issues between the two sides of a divorce. This mediator could be a lawyer or a certified licensed professional. Mediators work with lawyers to negotiate the details of a divorce long before it gets finalized. The mediator will sit down with both sides and work to find common ground. This helps couples overcome their disagreements and speed up the entire divorce process for a lot less cash expenditure.
Many people choose mediation because it usually costs a lot less than a lawyer. A mediator will try work with both spouses on a personal basis and the nature of the work allows for most situations to be resolved smoothly. Divorce mediation can be especially beneficial if there are children involved in a divorce because it can reduce the levels of strife and tension in the process.
Collaborative Law is another way to handle divorce disputes using specially-trained lawyers to settle issues without a trial. Collaborative lawyers are trained to approach a case from a different perspective from trial lawyers who only attempt to get the possible result no matter what the emotional or financial costs may be. Most collaborative lawyers will try to create agreement and encourage honesty throughout the divorce process. As a result, the collaborative law process is more focused on maintaining good relationships than it is about getting what you want. The collaborative process is especially good for those who want to maintain a decent communication connection with their spouse or children after the divorce.
Although both divorce mediation and collaborative law can be good alternatives to a traditional divorce battle in court, there are circumstances and situations that will not conducive to their use. If one spouse fails to act in good faith by hiding assets or will not play by the rules, the law allows that the attorney may withdraw from the case and the process will be halted. At that point, both spouses are free to find a new lawyer to represent them and seek a court hearing.


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