|
1.What's the difference between Collaborative Practice and Mediation?
Collaborative Practice uses two lawyers who are trained in the process
And are committed to working toward agreement. Mediation uses
one neutral professional with mediation training who encourages the parties to
work toward agreement.
2. What training do collaborative lawyers and mediators have?
Many of the skills are the same. Both mediators and collaborative law professionals have extensive training in communication and conflict resolution. Not all mediators are attorneys. If mediators are attorneys (as is my case) they also have the same legal training as collaborative practice attorneys. All professionals are working toward
reaching agreement -- without going to court.
3.Why are these models better than traditional adversarial models?
The traditional adversarial divorce often results in an escalation of
anger and hostility between spouses -- that can sometimes last for
years. Couples can choose another way -- one that is more
client-centered and respectful. Mediation and Collaborative Practice offer valuable tools
to settle differences without becoming adversaries. These processes set a pathway for divorcing partners
to restructure their families and engage in respectful relationships moving forward particularly with regard to co-parenting.
4.What kinds of agreements are generated in each process?
In Collaborative Practice and Mediation the couple is working toward the
creation of a Marital Settlement Agreement (MSA) which is sent to court for
approval. This agreement contains the issues agreed upon by the couple.
In Collaborative Practice there are two documents signed before the process begins - an Agreement to Collaborate and Guidelines for the process.
5.How long does the process take?
Both Collaborative Practice and Mediation
are relatively short-term processes that do not take years for completion.
Generally, the couple and their lawyers meet from 3 to 6 times before all
solutions have been reached. The process can take longer, depending on the complexity
of the problems. It can also be even shorter if there is active involvement by the couple.
6.What happens if the process breaks down?
Sometimes one person may refuse to work toward a win/win agreement. If that happens
I cannot be your adversarial lawyer in court. The strength of either process is
a focus on creative problem-solving that will result in a fair and reasonable
solution for all concerned. And, in either Collaborative Practice or Mediation,
we have the option to enlist additional professionals. These may include a
professionals who serve as coaches -- a financial specialist a mental health professional or a child specialist. Other experts can also be used in the Mediation process: business evaluators, appraisers or certified public accountants - with the cost shared by the couple. These professionals can be very effective in breaking an impasse if it should occur.
7.How do I enlist my spouse in the process?
Talk to your spouse and find out about his or her preferences. Some clients prefer to have a lawyer providing counsel and advice.
Others want to speak for themselves. If there are children involved, either
model is better than the adversarial process because these models build a
bridge to the future.
8.What is the cost of these processes?
Both Mediation and Collaborative Practice typically cost much less than hiring two attorneys who will battle it out in court. Mediators/ lawyers have a fee schedule
that is appropriate for their experience. Additional professionals (financial, business or mental health professional) have their own fee schedules as well.
|
