People often ask about “mediation” for their divorce when they mean no court and no fighting. But are they asking the right question? Collaborative family lawyer and mediator Julian Schwartz https://www.basharaschwartz.com/ says, “This question comes up all the time. People don’t want the courthouse divorce nightmare they have too often heard about from others.” The popular idea is that mediation is a positive, kinder experience for couples who want to amicably … [Read more...]
Understanding Your Divorce Options
Many people find themselves in the middle of a divorce without understanding all of their options. Divorce is a transactional event, but the emotional part of the divorce often makes it much more difficult. Below are descriptions of various ways to handle your divorce: Kitchen Table/Flat Fee When the two partners are able to keep the divorce process completely transactional, and both partners are able to come to their own resolution, this option is one to consider … [Read more...]
When Emotions Overwhelm Reason
The very best settlement offers are sometimes rejected. Not because the parenting plan isn’t the best solution for the family. Not because the financial proposal isn’t the greatest possible outcome possible. Fantastic offers are sometimes rejected simply because people in controversy are often are controlled by their emotions, and those emotions prevent people from making rational decisions. The collaborative divorce process and the use of neutral mental health professionals can help someone … [Read more...]
Integrating Mediation into the Collaborative Divorce Model
Collaborative Divorce is an innovative option of dispute resolution for divorcing couples, built upon a highly specific road map for negotiation. The parties’ goals and interests are the centerpiece of this road map, around which clients provide and review all relevant information then, with the support of their attorney and allied professional team members, creatively seek options for resolution of each issue. While this structured design focuses on self determination, it also allows for … [Read more...]
Understanding Divorce Options
If you’ve come to the decision to divorce, you come to another important decision – how will you accomplish your goal? There are several roads leading to the termination of your marriage, and the one you choose can have a significant impact on your future and that of your family. Following are options to consider: Collaborative Law In the Collaborative Law model, husband and wife and their lawyers agree in advance that no one will take any contested issue to court. The “Collaborative Team,” … [Read more...]
A Trip Into Mediation (Or, Why I Choose Collaborative)
This article is from Angela Soper, a mental health professional and Collaborative Law Institute of Member based in Spring, working with a wide range of clients, including married couples and collaborative law clients seeking a divorce. Recently, I had the mixed blessing of sitting through a mediation session with the mother of one of my clients, in an attempt to settle her divorce. I’ve worked with both the mother and daughter for almost two years, trying to help the daughter and father come … [Read more...]
Collaborative Divorce: It’s Not Mediation or Arbitration
For many people, when they first hear about Collaborative Law, they think it must be similar to arbitration or mediation, two other processes some people have heard of. Although they are all three considered disputes resolution processes, they are very different. An arbitrator hears both sides and makes a decision, instead of letting the parties come to an agreement. It is very similar to litigation. A mediator is a neutral person working with both sides to try to reach an agreement. In … [Read more...]
