Mediation & Collaboration
Mediation & Collaboration – What You Need to Know
Mediation: This settlement process may succeed if the issues are not contentious. Both spouses hire an attorney to work with them on settlement. Sometimes initial temporary agreements may need to be made, before a full settlement is done. The attorney brings their expertise to the process, but, does not represent either spouse. Each spouse is encouraged to have an attorney of their own choice on hand, and at least to review all draft agreements before signing. The attorney arranges to have all required court paperwork done for the clients.
Formal Collaboration: Each spouse retains their own attorney. Then, each spouse and attorney commit to avoiding formal court involvement. A private judge may be used. Privacy agreements may be executed. Other third-parties may be involved (life coaches, mediators, accountants, appraisers, agents, attorneys practicing other areas of law). In high profile matters all press is strictly controlled.
Informal Collaboration: Each spouse retains their own attorney. Then, each spouse and attorney commit to avoiding formal court involvement unless absolutely necessary, and under strict conditions. A private judge may be used. Privacy agreements may be executed. Other third parties may be involved. This process is likely to succeed in uncontested actions, or where issues in controversy are limited.
Mediation and Collaboration – The Next Step
Mediation: We only consult with both spouses, at the initial consultation. This avoids any appearance of bias or conflict of interest. If you have consulted with us, then we can represent you, but we cannot formally mediate.
Formal Collaboration: Consultations do not require both spouses. However, the collaborative process will need to be mutually agreed upon by both spouses. At the first meeting we will discuss the various processes available in collaboration, and what might work for you.
Informal Collaboration: Consultations do not require both spouses. A limited collaboration agreement may need to be mutually agreed upon. At the first meeting we will discuss the various processes available in informal collaborations, and what might work for you.