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Divorce Alternative Dispute Resolution Archives

Choosing between collaborative divorce and mediation

Ending a marriage is never a pleasant process, but the California legal system has two alternative dispute resolution procedures that may significantly reduce the emotional stress of a divorce. The first is mediation, and the second is collaborative divorce. The two divorce alternative dispute resolution procedures are significantly different, but they have a similar goal: facilitating participation of the couple in making all necessary decisions with a minimum of anger and confrontation and without the expense of a court trial.

Can child custody and visitation be settled via mediation?

California couples who are divorcing will be in dispute about many issues. Two of the most complex and emotionally charged are child custody and visitation plans. For many, this is not a situation in which they can come to an agreement no matter how hard they try. But there are cases where the differences are negotiable. When getting beyond the initial hard feelings about a parting of the ways and how the children will be situated, couples might find there is not a vast chasm between their positions. It is then that a mediator can help with family law negotiation.

A lawyer is essential when negotiating through collaborative law

Not every California divorce is contentious with the couple battling over every single issue large, medium and small. Since going to court can only exacerbate problems and add to the emotional stress, it can be useful to talk about factors that might be negotiable. In addition, going to court can be a costly and time-consuming endeavor. If the situation is such that the participants can discuss their differences and negotiate, using alternative measures through collaborative law can be beneficial.

Why divorcing couples should consider collaborative law divorce

There are many potential benefits of a collaborative law divorce. The idea of divorce may create feelings of trepidation and leave spouses feeling overwhelmed. They may be concerned about divorce related fights, acrimony and conflicts litigated in family law court. There are many stereotypes associated with the divorce process, however, there are also options available to help couples make the process as painless and amicable as possible.

Helping you decide which divorce method is best for you

Deciding to divorce is not an easy choice to make. Even more so, it is challenging to determine how best to approach this process. Thus, it become imperative that divorcing couples understand how they can approach the process and what mechanisms they can utilize to reach the best outcome possible.

Helping determine the best way to divorce

Initiating the divorce process is a difficult step. However, it is a difficult decisions spouses in California are required to make. Taking the matter to court can be intimidating. One may not like the idea of battling over divorce issues through litigation, leaving the final decision up to a judge. Thus, many divorcing spouses consider alternative methods to dissolve their union.

The differences between mediation and collaborative divorce

The possibility of a marriage ending in divorce is becoming more and more likely. The hope is that the couple would be able to work through their issues, but many couples cannot do that and may be happier apart. Divorce, while it is becoming more common, still involves the same issues revolving around dividing the couple's life together. While the issues may be the same, couples today have more options for resolving their differences short of having a judge make all the decisions at a trial.

Knowing when divorce mediation may be a good alternative

Mediation may be a less costly method of divorce that may streamline the process so that the divorce can be more quickly finalized and the divorcing couple can move forward towards their future. Divorce mediation and other forms of divorce alternative dispute resolution, such as collaborative divorce, may work better in some situations and circumstances than others.

Overview of the alternatives to divorce

Divorce is a difficult and final decision to undergo. If you choose to divorce, there is no going back (unless you re-marry). Therefore, some people try an alternative to traditional divorce proceedings. Each method has its pros and cons, just like divorce. There are four basic types of divorce: the do-it-yourself, mediated, collaborative, and traditional divorce. This post will go over the basics of those alternatives.

An analysis of collaborative divorce: reasons to beware, Part 1

A new divorce method is sweeping across the country, collaborative divorce. It is a mixture of mediated and litigated divorce. As discussed in a previous article, each couple retains its attorney, and they commit to working together to achieve an amicable divorce. If it works, it is good for everyone, saves money, time, and emotional turmoil. But if it does not work, it can end up making the entire divorce more expensive because each couple must rehire new attorneys, which delays the entire process and costs more money. This post will go over some of those disadvantages.

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John T. Chamberlin, Attorney at Law
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