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Divorcepeacemaker

On a mission to bring peace into the world

Tag Archives: Collaborative Law

What are the advantages of Mediated Divorce?

The couple is empowered to make their own decisions and control the pace of their settlement.

As both spouses work with the same mediator, the divorce process is expedited, and the couple is able to set the pace of their divorce.

The cost of the mediation is generally less than any of the other methods.

The couple is encouraged to communicate with one another and to resolve any future disputes  regarding the financial support of one another or the parenting of their children out of court.

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If Jamie and Frank McCourt had chosen to navigate their divorce through the collaborative process instead of litigation, they could be saving a bundle.  The Los Angeles Times last week reported that their divorce could be the most expensive ever, with attorneys and expert fees costing up to 19 million.  If the couple chose a collaborative divorce, they could put together an awesome team of collaborative attorneys, coaches and financial experts, and save most of that 19 million.

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What is the difference between Collaborative Divorce and Amicable Divorce?

In Collaborative Divorce, each spouse is represented by a collaborative attorney. The couple and their respective collaborative counsel enter into the collaborative agreement not to litigate in court. Additionally, mental health and financial professionals are engaged as part of the collaborative team.

In amicable divorce there is no written agreement that restricts court litigation.  Thus, litigation is always a possibility if the spouses and their attorneys are unable to resolve all the issues. Additionally, the litigation attorney(s) are not generally trained in peacemaking techniques. Although third party professionals may be brought into an amicable divorce, there is no commitment to do so as in the collaborative process.

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What is the difference between Mediated Divorce and Amicable Divorce?

In mediation, the neutral facilitator does not represent either husband or wife as their attorney. Since neither spouse is represented, both parties are generally encouraged by the mediator to consult with an attorney.

In amicable divorce, both parties, or just one spouse, retains a family law attorney to represent their individual interests.

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