The
divorce process does not have to resemble the movie “War of the Roses”. Today, there are alternatives to divorce that
promote a more conciliatory process than traditional litigation.
Mediation
is a process by which both parties meet with a mediator to try to resolve their
differences amicably. The mediator is a
neutral, trained professional that will attempt to assist the parties in
resolving all issues including but not limited to custody, support, and asset
division. During mediation, each party
is entitled and encouraged to review agreements with his/her own independent
legal counsel. A benefit to mediation is
that parties can reduce their legal fees by not spending tireless hours at the
courthouse fighting over the issues that could be addressed through
mediation. Additionally, because
mediation promotes problem-solving and not litigating, this process is
beneficial for the entire family, including the children. Finally, mediating a divorce allows the
parties to retain control over what happens in their case rather than leaving
these life changing decisions to a Judge.
Another
alternative to traditional litigation is collaboration. In collaboration, both parties agree not to
go to Court and agree to disclose all information that is relevant to the
divorce. Both parties are represented by
counsel and that representation will terminate if the collaborative process
fails and either party begins court proceedings. In addition to counsel, the parties may
jointly engage mental health professionals, financial consultants or other
experts as needed. Similar to the role
of the attorney, the engagement of these experts would terminate if collaboration
failed. The collaborative process allows
the parties to receive the support of trained professionals without the
adversity of litigation.
