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Home » Legal » Collaborative Laws of Divorce
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Collaborative Laws of Divorce

Submitted by exregalo
Wed, 30 Apr 2008

Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce, which negotiate mutually acceptable resolution to conflicts. These non-adversarial methods of dispute resolution are less likely to add to the emotional trauma, and are better suited when an ongoing relationship is contemplated, such as for future parenting.
Though both collaborative law and mediation are both facilitative processes, there are some differences between both. Mediation is a growing way of resolving divorce issues. It tends to be less adversarial (particularly important for any children), more private, less expensive, and faster than traditional litigation.
Similar in concept, but with more support than mediation, is collaborative divorce, where both sides are represented by attorneys but commit to negotiating a settlement without engaging in litigation. Some believe that mediation may not be appropriate for all relationships, especially those that included physical or emotional abuse, or an imbalance of power and knowledge about the parties' finances. Visit st. louis collaborative divorce for information about this.
Collaborative law is an agreement from the beginning of the dispute not to go to court. Mediation is often ordered during the course of the litigation process. In mediation, the mediator is a neutral third party who doesn't represent or advise either side.
In a collaborative divorce, the parties strive to reach a fair settlement through a series of meetings (sometimes called joint sessions) between the two parties and their lawyers, and sometimes other neutral experts. Visit st. louis collaborative divorce about this.
The primary focus of the four-way meetings or joint sessions is to identify the priorities, goals, needs and interests of the parties, and help them progress towards and create a settlement that is consistent with their priorities, goals, needs, and interests. The parties make their own decisions based on their own standards. Visit st. louis collaborative divorce and see what they can offer about this.
But some have critiqued this aspect of collaborative law (and mediation), believing that court processes are better suited towards protecting rights than voluntary dispute resolution processes. However, most attorneys involved in the divorce process agree that the parties can make better decisions about their children and their families than a judge. If you want more information regarding divorces, mediation, and collaborative divorce, visit st. louis collaborative divorce for more details.

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