The Collaborative Divorce Process   threeboxes01

What is it?

img02The collaborative / mediation process offers a team format for both clients and their lawyers to voluntarily opt out of the traditional court-mandated process in order to resolve their differences in an informal atmosphere of dialogue. It mandates full disclosure and exchange of all information necessary to reach an informed resolution of the dispute.

The Collaborative / Mediation process utilizes certified public accountants, financial planners and divorce coach specialists to address financial, parenting and emotional aspects of the divorce.

Using this method assures maintenance of confidentiality so that reports and other data prepared by the allied professionals are secure and free from use in court if the collaborative case terminates and the parties proceed to litigation.

Most importantly, this process compels a good faith commitment on behalf of both parties to be fair, reasonable and respectful with each other.

Benefits of The Collaborative Law / Mediation Process

    • An opportunity to maintain dignity and respect for each other, particularly when there are children so that a potentially destructive relationship can be turned into a reconstruction of a relationship in divorce or separation situations.
    • An opportunity to tailor-make resolution through an agreement that is unique to the particular needs and interests of each client.
    • An opportunity for clients to “think out of the box” and create options in their own agreement or understanding which may extend beyond the discretion of what a court-mandated order would look like.
    • An opportunity for the clients to most likely save resources that would otherwise be expended in the traditional court-mandated process through the use of informal conferences rather than through depositions, interrogatories and court appearances.
    • An opportunity to gain expertise, energy and commitment from the allied professionals making up the collaborative team (lawyers, mental health and financial professionals).
    • An opportunity in divorce or separation for the clients to prevent their children from becoming innocent victims of the divorce.
    • An opportunity to achieve the ultimate goal of a “win-win” result.
    • An opportunity for the clients to control their own destiny without relinquishing their right to directly participate in resolution of the dispute. Beyond divorce and separation, the collaborative law process is applicable in other civil disputes, particularly where there may be ongoing relationships such as heirs in an estate, landlord-tenant, business partnerships or employer-employee situations.
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