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 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+