Collaborative Divorce or Mediation – Which is Best?

Divorce is never an easy time for couples. Very few couples are able to go through divorce without some disagreements. There are plenty of issues to iron out and no matter how well you prepare for it, handling the separation and dividing property can come with some acrimony. How you handle disputes can either help to resolve them or can make them worse. In Florida, couples are typically expected to resolve their differences whenever possible before a divorce will be granted. This can be accomplished with an experienced divorce attorney or with outside help.

What is Collaborative Law?

Collaborative law is a special type of legal practice that occurs outside of the courtroom. Attorneys work together to assist clients in finding resolutions to their settlement disagreements. Collaborative divorce is often best for those who have high assets or those with serious child custody disputes. A collaborative divorce allows couples to work together to try to come to a resolution that is respectful of both parties. While this may be a trendy option, it may not be the best solution for many couples.

Mediation

Mediation is an option that is available to couples who are divorcing. A mediator is a professional who is not biased. The mediator works for neither of the parties directly but instead provides the support necessary to resolve the difficult issues of the divorce – issues the couple have not been able to resolve on their own. Both parties and their attorneys are present for the discussions, which may only be required to solve one or two of the most difficult areas of dispute. When couples are unable to come to a suitable agreement, the court may order them to seek mediation.

Disadvantages of Collaborative Divorce

While at first glance, collaborative divorce may seem like a good idea, there are some distinct disadvantages. Collaborative divorce is certainly not for everyone. One of the main drawbacks of collaborative divorce is that you must agree to resolve the issues without court intervention. If the negotiations are unsuccessful both attorneys must withdraw and new attorneys for both sides must be retained. This can be expensive and time consuming, and may be unnecessary. Sometimes a better approach is simply to work with your own attorney. Your attorney understands the details of your case inside and out and will always try to ensure that you are guided to an equitable result. It is in your best interests to discuss your options with your attorney and discover which one he or she sees as the best fit.

Achieving a Successful Divorce

A successful divorce can be achieved with help from a skilled divorce attorney. The divorce process can be stressful, but under the direction of your attorney, you can leave the stress behind and concentrate on the healing process. Your lawyer will advise you of the main issues of concern, will answer your questions, and work towards achieving a divorce that best meets the needs of your family. When seeking a divorce, contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

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Don’t Believe the Hype: Collaborative Law Is Not Without Disadvantages

Collaborative law is an alternate form of dispute resolution in the family law context.  While proponents contend that collaborative law is both less expensive and more effective than traditional, adversarial law, it can actually drag out disputes in matters of divorce and child custody, thereby increasing costs.

The Facts About Collaborative Law

The first thing to know about collaborative law is that it is practiced outside of the courtroom.  The philosophy underlying this basic fact is that, by removing contentious issues from the inherently adversarial context of the courtroom, parties will be more inclined to put aside their differences and work together to compromise and find mutually agreeable arrangements.  However, this does not mean that the parties are without representation; separate attorneys are still retained by each.  After retaining separate legal counsel, the parties agree to several covenants that express the “let’s work together” spirit of collaborative law.  Among these covenants are agreements to treat one another with respect, to fully and honestly disclose all information and documents relevant to the disputed issues, and to shield any children who are party to the dispute from any adverse emotional impact.  However, as even proponents concede, these covenants are bound to ring hollow in many cases.

When Collaborative Law Is the Wrong Approach

Obviously, collaborative law, in its essence, is about working together.  This can be hugely problematic in the context of divorce, which, in its essence, is about ceasing togetherness.  It follows that collaborative law is at risk of sometimes being directly at odds with one of its principal aims: facilitating divorces.  Sure, it might work for the rare pair who can remain amicable through a divorce or child custody dispute.  But what about divorces in which the marriage has been devastated by infidelity, abuse, radical differences of opinion in child-rearing styles, or bitter disputes over finances?  It is these scenarios where a “let’s work together” spirit just isn’t realistic.  For those who delude themselves that it is, the cost can be significant.

The Cost When A Collaborative Law Approach Fails

While an attempt to resolve a family law dispute through collaborative law begins outside of the courtroom, it doesn’t necessarily end that way.  If the parties simply can’t reach an agreement, the collaborative law process ends, and the dispute shifts to the traditional courtroom setting.  Not only that, but the original attorneys are disqualified from continuing their roles outside of the failed collaborative attempt.  What does this mean for the parties?  You guessed it: more attorneys.  More attorneys translates to more costs – a reality that is certain to only further sour the dispute, and potentially make matters even more litigious than they would have been if the first attempt at settling the dispute was in the courtroom rather than the collaborative context.

Mediation Is Still Used In Traditional Family Law

Don’t be fooled into thinking that collaborative law is the only forum for alternate forms of dispute resolution.  Traditional family law, too, attempts to settle cases either prior to, or at mediation.  Finally, the past is the best indicator of the future; if you know a spirit of cooperation and compromise simply isn’t realistic, don’t waste time, money, and stress on an attempt at collaborative law that is likely doomed from the outset.

Other Alternatives

Are you considering a divorce? The family law attorneys at All Family Law Group will work towards settling your case in amicable manner with your spouse, if feasible. Call or email All Family Law Group at 813.902.3624 for a consultation at no charge with an experienced Tampa divorce lawyer to discuss your case.

 By Lynette Silon-Laguna Google