Collaborative Divorce – A Conflict Resolution Process
Collaborative Divorce provides an alternative path to traditional litigation for families contemplating divorce. The essence of the Collaborative Divorce process is the shared belief by the parties that it is in their family’s best interest to avoid litigation. Attorneys represent their clients by using an interest based problem solving model of negotiation.
In addition to collaboratively trained attorneys, the Collaborative Divorce Process includes a team of collaboratively trained professionals, including a mental health professional trained as a divorce coach to help address the emotional issues of the parties surrounding the divorce, a child specialist and a financial expert. The Collaborative Divorce team addressed the legal, financial and emotional needs of the parties in order to facilitate an atmosphere of honesty and cooperation. The process includes face to face meetings with the entire team utilizing problem solving techniques to address the issues of both spouses and their children. This approach maximizes opportunities for reaching a settlement that optimize the families’ interest and prioritize the needs of the children.
Unlike court-imposed resolutions, agreements reached through the Collaborative Divorce Process are structured through the thoughtful and honest participation of the parties and are uniquely tailored to the needs of their children and families. Because both parties are deeply invested in the process, both spouses are more likely to adhere to an agreement reached through the Collaborative Process then through court-imposed resolutions, thereby reducing the chances of post-divorce disputes.
The Collaborative Process requires both parties to sign a Participation Agreement committing to: (i) forego litigation; (ii) make full and timely disclosure of all financial information and any other relevant information without a formal discovery process: (iii) protect the privacy, respect and dignity of all participants, including the parties, attorneys and experts; and (iv) to prioritize their children’s needs.
The Collaborative Process encompasses a team of specially trained professionals dedicated to providing families the tools needed to reach settlement built on mutual interest and cooperation. This process fosters communication with honesty and respect, using problem solving techniques in order to seek carefully tailored solutions to complex problems. The Collaborative team facilities a process that allows the parties to decide the ultimate settlement and by avoiding court reduce the stress and animosity associated with litigation.
Mediation Services
Mediation is a dispute resolution process by which the parties agree to settle their disputes with the assistance of a neutral advisor. Mediation is a confidential, flexible and purely voluntary process and either party can withdraw at any time.
The mediator does not have the power to dictate a settlement but rather, uses skills to facilitate a meaningful discussion and open and free exchange of information between the parties fostering negotiation in a neutral and stable environment. Rather than the divisive impact of an adversarial litigation process, a mediator assists the parties in moving away from polarizing positions and identifying the issues most important to their family in order to assist them in making decisions that work best for their family.
In divorce mediation, the parties will share financial information and, with the assistance of the mediator, develop a plan for sharing assets and liabilities and a budget relating to ongoing support. When children are involved, the mediator will facilitate a discussion and settlement of issue relating to custody, parenting schedules and any other concerns relating to the children’s needs. The mediator
identifies issues and fosters communication focusing on the needs and interests of the entire family while leaving the ultimate decision making in the hands of the parties.
Mediation is a powerful alternative to litigation for parties looking for a cost effective and amicable divorce process. The main advantage of mediation is it allows the parties, and not a judge, to be in control of their own divorce. The parties craft their own settlement through an open and honest exchange of information and productive discussions focusing on addressing the unique issues pertaining to their family. With the assistance of a trained mediator, the parties can incorporate creative solutions that work best for their family rather than follow a court imposed judgment. Because the result is a mutually agreeable settlement achieved by the parties that is uniquely tailored to their family, the parties are much more likely to honor the agreement, thus reducing the chances of post-divorce litigation.
Either party has the option of retaining an attorney but it is not necessary. Once an agreement is reached in mediation, at least one party needs to hire an attorney to prepare a Marital Settlement Agreement and finalize the divorce in court.
Hurst, Robin & Kay, LLC offers mediation services by a family law attorney and trained mediator that is skilled in identifying the needs and interests of families going through the divorce process and fostering meaning communication leading to positive and lasting agreements.
