Who Can Benefit From a Collaborative Divorce
Let us say you have been married over a decade, and you and your spouse have grown apart. You have arrived at a mutual decision that it’s best to go your separate ways, but you’re worried that the legal complexities of divorce, asset division and child custody could end the friendship you hope to maintain in the years to come. You would be an excellent candidate for the collaborative process.
When two spouses are geared toward peace and reconciliation, anything is possible. Negotiation and meditation are the central parts of the collaborative Law proceedings. When two divorcing spouse are actively engage in this process, medicated miracles can often be achieved.
Differences Between Mediation and Collaborative Law Process
Many people call my office confused about the differences between the Collaborative Law Process and Mediation. Both methodologies are designed to assist clients resolve their marital issues in a respectful and dignified manner, but there are important differences. For all couples who have decided it is the time to end of their marriage, and who wish to do so by making their own decisions, the goal will be a Dissolution of Marriage (as opposed to Divorce). Obviously, the first step is to decide how to go about doing just that.
The choice between Mediation and the Collaborative Law Process can be dictated by several important factors. The first, and probably most important, is whether you wish to have legal representation present while you and your spouse are discussing your respective goals and interests, or whether you are comfortable utilizing a single neutral mediator to facilitate your negotiations. Attorneys who function as mediators do not represent either party and they are prohibited from providing legal advice, although they are very well suited to lead you in discussion of all the necessary and important legal matters such as custody, support and division of property.
If you choose Mediation, and find a suitable mediator, you are still able to have your own lawyer for advice and counsel, however, most typically, the individual lawyers are not present for you sessions with the mediator. At the conclusion of your Mediation Process, a Mediation Report, which outlines the various agreements reached in Medlation, can be prepared and delivered to your lawyer(s) as the basis for your Parenting Plan and Separation Agreement which will then be filed with the Petition for Dissolution. Mediation, like Collaborative Law, is voluntary, and no agreements are binding until signed off with advice of your lawyer or approval by a court
If you would be more comfortable with your lawyer present for all aspects of the necessary conversations with your soon to be former spouse; discussions about parenting schedules and child-rearing priorities; division of assets; allocation of income and expenses; you most likely will want to out for the Collaborative Law process, as opposed to Mediation
The Collaborative Law Process, like Mediation, is also voluntary. Your goals and interests are also of primary concerns. The difference, however, is that each spouse has a Collaborative Lawyer present as all information is exchanged and all options are generated. Additionally, both lawyers are present as the consequences of their role there is never fear that one of them will someday be litigating against one or the other client. Your lawyer will be providing you with legal advice and counsel, assuring no mistakes are made in helping you make important evaluations with each step of the decisions and negotiations. Your lawyer will never be advocating in an adversarial setting, nor ever advocation against your interest. This is different from your lawyers role in the case of Mediation. Depending upon which attorney you chose, this can be a positive or a negative. All of the choices, however, begin and end with you, and not a Magistrate of Judge.