Collaborative Divorce and Mediation

A recent estimate for a typical litigated divorce for both parties is $ 73,550.[1]

This, coupled with the emotional process of litigating a divorce, has been driving parties and policy makers to find alternative non-litigated methods to solving family disputes.  Two alternative methods are through Collaborative Divorce and Mediation.

Collaborative Divorce

In a Collaborative Divorce each party retains his or her own counsel, but everyone involved agrees to collaborate in the negotiation and settlement process.  The parties, the attorneys, and possibly a team of therapists and/or other professionals will work together to help the parties reach an amicable resolution.

Mediation

A mediation is a facilitated negotiation in which the parties, not the attorneys, control the outcome.[2] This gives the parties more control and flexibility over their case and ensuring their feelings and desires are heard.  Unlike a traditional or collaborative divorce case, the mediator cannot represent one party over another.  Instead, the mediator acts as a neutral third party to help the parties reach a settlement agreement and will not go to court to represent either party.   The mediator may also work with a team of professionals in reaching the resolution. 

Benefits

The more contentious the divorce becomes the more emotionally distressing it is on each party.  This is especially so considering the close bond the parties once had.  In addition, children can particularly have a difficult time in dealing with divorce.  By the parties staying amicable and cooperative, it shows the children that the parents still respect and care for each other, which may help them accept the situation better.

Some other benefits to both of these ways of handling disputes are:

• The process is free from threats of litigation.

• It has been found to be less costly than litigation.

•  It endorses communication and cooperation.

• Parenting decisions put the interests of children first.

• It focuses on the underlying issues and helps to find solutions that can best suit the parties' needs and interests.

• The experts are jointly engaged and serve as neutrals in the process.

 • The parties have control and they themselves make decisions affecting their future. 

• In the end, people tend to comply with obligations reached on their own accord rather than a court order imposed upon them[1].  

If you would like more information on either of these types of dispute resolution or to set up a free consultation, please contact me at 866-566-9494 or Cindy@Ckcampbell.com.

*Please note collaborative divorce or mediation is inappropriate in those cases in which there are certain levels of domestic violence or child safety issues.

[1] Mark Baer. A Comparison of Dispute Resolution Methods Available in Family Law Matters.  Strategies for Family Law in California, 18 (2013). 

[2] Elizabeth F. Beyer.  Divorce Without Court: A Guide to Mediation and Collaborative Divorce.  40 St. Mary’s L.J. 303, 55 (2006).

[3] Nancy Kauffmana.  What Type of Mediation Do You Need?   53-May Disp. Resol. J 8 (1998).

[4] Mark Baer.  A Comparison of Dispute Resolution Methods Available in Family Law Matters.   Strategies for Family Law in California, 18 (2013).