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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. A collaborative divorce lawyer must make full disclosure, and correct and mistaken assumptions on the part of the other party. And the lawyer must insist that his or her client do so as well.

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Separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. Under modern divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems equitable. 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. Mediation is not always easy – it can be challenging and uncomfortable. It is also common for parties to feel part way through the mediation that they are wasting their time, that the other side are not prepared to give anything at all and that they might as well leave. When selecting a divorce attorney, individuals should look for one with comprehensive legal knowledge and skills. An ideal divorce attorney will be a problem solver, negotiator and compromiser.