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Mediation and Collaborative Divorce
Divorce is never easy. Life altering decisions have to be made during a divorce. Couples who want to avoid ugly scenes and overflowing emotions can opt for collaborative divorce or even divorce through mediation. Mediation and collaborative divorce are two different things. In collaborative divorce both parties are allowed to negotiated in a structured manner being guided by their legal counsels. The environment is totally devoid of adverse feeling.
Each party in a collaborative divorce is required to hire a divorce attorney who are specifically trained and experienced in collaborative divorce laws. These attorneys should be having settlement as their main objective rather than trial. The attorneys of both sides have to bring about an acceptable and mutually agreeable settlement proposal.
In mediation there is a third party involved. This third party is the mediator who is a neutral person trying to bring about a settlement between the two parties. A mediator cannot provide legal advice and mostly the direction of negotiations are completely in control of the parties. Mediator assists the parties in coming to a decision of their own. Moreover, once an agreement is reached, attorneys are needed to draft the legal documentation pertaining to the agreement that has to be submitted in court.
Couples who want to play active roles in their settlements with guidance from legal professionals can opt for collaborative divorce.
Collaborative divorce is very popular among people who are in good terms but still want to get divorced and lead separate lives.
Some of the benefits of collaborative divorce include:
• Preservation of integrity in family relationships.
• Non adversarial and peaceful environment.
• Reduced costs since there is no need for expert witnesses.
• Entire family works together to come to settlement with regard to issues connected with divorce.
• Facilitates open communications and hence settlements reached are amicable to both parties.
• Future conflicts can also be solved by agreement rather than litigation.
• Both spouses have common goals and are no more adversaries.
If spouses cannot see eye to eye then collaborative divorce will not work. Communication is the key factor here and in the absence of peaceful and frank communication amicable settlements cannot be achieved. Moreover for collaborative divorce to be a success the divorce lawyer should be very experienced and competent.
An ideal lawyer should be trained in collaborative law as well as divorce and family law. He should be having good credentials and be backed by a law firm or testimonials by former clients. You should be able to communicate freely with your collaborative divorce lawyer. You should be confident of his abilities to advocate for you. Unlike traditional litigated divorce, collaborative divorce is a more soothing and less dramatic experience for everyone involved.