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Collaborative divorce is a credible alternative to litigation for couples seeking to end their marriage. As part of this process, you will work with a team of collaborative professionals from various fields to create a parenting plan and divorce agreement that works best for the family. You can choose your own team from a vast network of collaborative professionals to achieve all your goals.
Collaborative practices are developed to help and encourage spouses to work together in a respectable manner where they can stay focused on giving priority to protecting all involved parties (most importantly, the children) from any conflict induced trauma. The final objective is to achieve a win-win situation for all parties to the conflict. Decisions are made by the parties without involving a judge, a third-party decision maker, or the court.
In collaborative divorce, all participants including the professional team members sign a contract agreeing to reach a settlement agreement without going to the court. All team members are committed to the idea of solving problems jointly through open communication. The contract is useful in precluding anyone that threatens a court battle.
Attorneys of the two parties can help the participants transition to traditional representation if all efforts to settle the divorce fail. Furthermore, even in such an unusual scenario, it’s noteworthy to point out that some aspects of the dispute would have been resolved with a signed written agreement.
Clients generally find it more effective to work together in resolving their differences in the future after going through the collaborative divorce process. There are also fewer issues remaining to be decided by a judge.
Both mediation and collaboration have their specific sets of pros and cons. And, it is true that both choices won’t necessarily be the best in all cases. The approach to be used should be determined based on the unique circumstances of your divorce, availability of reliable collaborative divorce specialists and mediators in your area, and your individual preferences.
These are a few common factors that usually play a role in deciding.
The salient features of divorce mediation include:
The key features of collaborative divorce are:
Spouses that desire the guidance of separate attorneys looking out for their particular interests every step of the way may find collaborative divorce a better choice. For instance, your divorce may involve complicated financial or legal issues that you don’t feel competent enough to negotiate.
You may also find it more comfortable to work with a professional and have someone to confer with at every turn. Where collaborative divorce is concerned, both attorneys can guide the different aspects of the divorce case. This approach can fulfill the desire to have separate attorneys address individual needs throughout the representation process.
Many spouses have long-standing dynamics in their relationships that leave one or both of them feeling that they are at a distinct disadvantage during negotiations and conversations. This is particularly true when difficult subjects are being addressed. Things can be easier when you have the added structure and insulation provided by collaborative divorce guide your discussions.
Many spouses find it easier to express their views and the things they find important when they have an experienced collaborative divorce specialist by their side. You may even find the enhanced confidence refreshing, especially in the face of your spouse’s disapproval. Dominant spouses that are prone to hijacking conversations may find it more fruitful to have a supportive divorce attorney nudge them occasionally into respectful silence.
Mediation is usually more flexible as compared to collaboration. The best part is that you can start the process by calling in one outside specialist – the mediator. You, your spouse, and the mediator can begin discussing the divorce process and how to go about things. In addition, there is nothing stopping you from adding other specialists to the process as and when required. You don’t need to necessarily pay for other professionals to be actively involved in the process.
Mediation is more flexible as compared to collaboration where different procedures are concerned. Collaborative attorneys are usually part of collaborative groups with their own rules and protocols that apply to the handling of a divorce case. This can be a good thing as it helps in minimizing the risk of miscues between professionals. Pertaining to this, in most cases, the trade-off means that you won’t have autonomy over the process.
You and your spouse will have less input in how and when things happen in the divorce. You don’t need to worry about that in mediation. You and your spouse will directly work with a neutral mediator to decide the substance of negotiations and the process of the divorce.
Mediation is always considered more cost-effective and efficient as compared to collaborative divorce. Even from a logistical standpoint, it’s added cost when you have to coordinate the calendars of 4 or more professionals, with at least two of them having a busy routine. This time-consuming endeavor will prevent you from focusing on the important aspects of the divorce.
The active participation of two attorneys and several other professionals will almost certainly inflate the cost of the process. You don’t need to worry about these added costs when going through divorce mediation. You and your spouse can meet with the mediator alone. You can keep things flexible by consulting with divorce attorneys and other experts only when necessary.
The experienced alternative dispute resolution team at the Lerner Conflict Resolution Center has helped numerous struggling couples come to terms with their divorce needs and part ways in an inexpensive, time-efficient, and non-adversarial manner. If you are pursuing a divorce alternative in California, our knowledgeable and compassionate mediators and collaborative divorce specialists can help you find a mutually agreeable and respectful common ground to achieve the desired outcome in your divorce.
If you and your spouse are unable to settle the terms of your divorce and want to involve professionals while keeping things out-of-court, you should schedule a free consultation with the Lerner Conflict Resolution Center today. Give us a call at (949) 694-4245 or complete this online contact form.
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14841 Yorba St, Tustin, CA 92780
Phone (949) 694-4245