The Collaborative Divorce Process

•pull quote from Kirk out of video •other call outs •graph, table or other chart The Collaborative Divorce Process-Overview Collaborative divorce is a voluntary, contractually based alternative dispute resolution method that utilizes interest-based negotiation techniques that allow parties to reach an agreement respectfully and without a third party adjudicator. The Collaborative model has as its core element an agreement that no participants, neither lawyers nor clients, will threaten or resort to court intervention during the pendency of the collaborative work; all efforts take place entirely outside the court system. Other essential elements of the Collaborative process include: identification of the


Differences between mediation & collaborative law

Most parties would choose an out-of-court settlement versus a contested court hearing/trial. Parties do not want to be a part of the costs of a contested trial and emotional havoc. This is what leads lots of folks to inquire about mediation. Mediation sounds less emotional and financially taxing. Parties that reach a settlement out of court might also be in a better place to be able to move on with their life and co-parenting with their ex spouse. Also, the idea of collaborative divorce sounds appealing to many parties as well. The term “collaborative” sounds similar to mediation to most.


Consider whether collaborative divorce may be a good alternative for you

On behalf of Kirk Stange Collaboration is a dignified divorce process involving mutual respect and creative solutions. Collaborative divorce is an alternate way to get divorced without the usual negativity of traditional divorce negotiation or litigation. Collaborative law was invented by a Minnesota lawyer named Stuart Webb, who had tired of the adversarial nature of traditional divorce. Many attorneys have since received special training in the collaborative process and are representing spouses in divorce throughout the nation and even in some other countries. Collaborative divorce basics The underpinnings of collaborative divorce are respect, honesty and creativity. Persistence can also be


Collaborative Divorce Versus Uncontested Flat Fee Divorce

Differences Between Collaborative Divorce and Fixed Fee, Uncontested Divorce When many see these terms, they think they mean the same thing. To many individuals, collaborative divorce is the same thing as an uncontested, flat fee divorce. The really is that these are not one in the same. The difference is also much more semantics. Some legal professionals may offer flat rate, uncontested divorce services where there may be minimal assets, there are no kids and/or where there is one-hundred percent agreement on all terms related to the divorce. In many of these cases as well, one party has an attorney,


Collaborative divorce: Role of the divorce coach

In collaborative divorce, the divorce coach is a mental health professional who assists divorcing spouses through impasses in communication and emotional turmoil in the negotiation process. A divorce coach is a mental health professional who may be a social worker, therapist or psychologist. Divorce coaches receive special training in collaborative divorce to help divorcing people get through negotiations in which they have pledged to conduct themselves with honesty, dignity and respect. But that positive behavior can be difficult during a time of trauma and sometimes anger and resentment or even guilt. The divorce coach can help a spouse to process


When To Negotiate And When To Litigate During Divorce

During the emotional and psychological turmoil of a divorce, both parties may look towards an out-of-court settlement versus proceeding with contested litigation. Couples seeking to end their relationship will need to consider whether to settle out of court or to litigate in court with potential advantages and disadvantages of either choice. Judicial Oversight If parties cannot settle their family law matter, this will leave the decision in the hands a family court judge, an impartial figure who will not bring the same attitudes and convictions into a case that you hold. Milinda Reed, divorce attorney and writer for NetPlaces, states


Weighing Your Options: When Is Alternative Dispute Resolution Appropriate In Family Law?

Below are some advantages and disadvantages to alternative dispute resolution in divorce and family law matters: Advantages Parties can participate in alternative dispute resolution prior to filing. This allows both sides to ascertain the strengths and weaknesses of their positions. Especially in the context of dissolution where child custody and support are at issue, alternative dispute resolutions may help the parties’ to avoid increased animosity that sometimes results in court proceedings. Participating in mediation or arbitration may result in the parties forgoing proceedings in a formal court setting altogether. A skilled mediator may be able to suggest alternatives and achieve


How to Make Mediation Work

Mediation is a helpful tool that helps parties come to a settlement agreement. The process of mediation allows for both parties to openly discuss all of the issues surrounding their family law case in order to make important decisions voluntarily.1During mediation, a qualified mediator assists both parties to come to an agreement by discussing different options for settlement and helping each party to better understand the viewpoints of one another. Mediation sessions can be joint sessions where both parties are present or private caucuses where the mediator meets with each party individually. Unlike arbitration where the ultimate decision is outside


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