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Although trust between parties may have been lost, process trust can be created and can help the parties move forward. Collaborative divorce takes a non-adversarial approach to the divorce process.
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The mediation process encourages communication, identifies issues, explores options and assists mutual problem solving. This promotes positive relationships and increases participation between parties. Divorce may represent the end of a marriage, but it does not represent the conclusion of parenting duties. Child advocates are present to ensure that the interests of the children are kept in high regard while the future is being laid out between the two parties.
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To maintain certification, continuing education on the topic of family law is required every year. Keep in mind that a board-certified family law attorney will often charge more and require higher retainer fees than non board-certified lawyers. They should also be comfortable in a courtroom setting, especially if there is the possibility the divorce will go to trial. Even if there are no plans to go to court, the attorney’s experience and success record will demonstrate the ability to adequately negotiate a settlement. Our mediator will always ask the parties to persevere with the process, and it is usually possible to work through the obstacles with the mediator’s assistance to arrive at a deal. Mediation is above all a negotiation.
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A mental health professional is also assigned to each separate individual under collaborative divorce to help control the emotions tied up in the case. Marriage marks one of the most significant events in many people’s lives, so when that marriage ends, it is likely that a flood of emotions could result. The mediator will then spend a little time with each party separately to see how they stand and to consider with each party how best to proceed. There may then be a joint meeting if the mediator considers it appropriate and if the parties agree.
