A Civil Way of Separating: 6 Questions and Answers About Collaborative Divorce

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14 June 2019

Legal

Collaborative Divorce

A collaborative divorce is one in which spouses work together, with their lawyers, to reach a divorce agreement instead of taking the case to court. This process can help reduce stress, enable the couple to get divorced faster and help the couple save as much money as possible through the divorce process. While this is a relatively new way to get a divorce, this is one many couple are choosing because it can make the divorce process easier on everyone involved.

How Does Collaborative Divorce Work?

collaborative law process

During the collaborative law process, both spouses hire a collaborative divorce lawyer to protect their interests and help them through the divorce process. The lawyers and spouses will then have a series of meetings to identify the issues that need to be resolved and work on coming up with a solution that’s good for everyone. Other professionals may be called in to help facilitate these discussions and help the spouses find a good solution.

How Expensive is a Collaborative Divorce?

A collaborative divorce can be expensive, depending on how long it takes and how many professionals need to be brought in to help work out any issues. Traditional divorces will end with couples spending more than $20,000 for divorces that go through a trial. A collaborative divorce, on the other hand, doesn’t involve going to trial so, even with the added cost of help from professionals, the collaborative divorce is far less expensive.

Can Anyone Seek a Collaborative Divorce?

Any couple can seek a collaborative divorce, so long as both spouses are available and willing to work through the process. High-conflict divorce cases can be solved through the collaborative divorce process without the divorce needing to go through a trial. A collaborative divorce won’t be available if one spouse cannot be found or if one spouse does not wish to try this process.

Is it Possible to Switch from a Standard Divorce to a Collaborative Divorce?

Yes, but only if both spouses are willing to give a collaborative divorce a try. If the spouse who has already filed does not have an attorney trained in the collaborative divorce process, they must be willing to end the current divorce case and start over with a new lawyer.

What Happens if One Side is Dishonest?

While a collaborative divorce depends on honesty between spouses, it’s possible that one side will be dishonest during the process. If any dishonesty is found, the lawyer for that side is required to let the other side know and to withdraw from representing their client.

What Happens if an Agreement Can’t be Reached?

Collaborative Divorce

A collaborative divorce will work out well in most cases, but there is always the chance that spouses cannot come to an agreement. If this happens, the spouses can decide to quit the collaborative divorce and start over with a divorce that goes to trial. In this case, they will both be required to find new attorneys to help them through a traditional divorce.

If you are planning on getting a divorce, a collaborative divorce might be worth a try. Speak with a collaborative divorce attorney today to learn more about whether this is right in your situation, how you can get started, and how you can talk to your spouse and encourage them to start the collaborative divorce process.

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Role Of Family Mediation In Legal Conflict Resolution

Understanding The Role Of Family Mediation In Legal Conflict Resolution

As much as we enjoy close and loving family relationships, sometimes, disputes find their way without warning. These disputes may include divorce and separation, succession issues, child maintenance, and custody. Handling these disputes is challenging and may need immediate action to resolve them. While some family disputes, especially those involving violence, may be resolved by court, some can be resolved by family mediation. Family mediation works on both parties’ interests and aims to restore a positive future relationship between the disputants. It is also a cheaper way of resolving family disputes and takes relatively less time. But what role does family mediation play in legal conflict resolution? Read through to understand all aspects of family mediation, including its process and benefits, as a peaceful way to solve family disputes. Understanding Mediation Role In Family Law Mediation is a dispute resolution process where the disputants cooperate with an independent third party to resolve their disputes outside court. Mediation is both a cheaper and faster way of resolving disputes among family members. Family mediation can help solve several issues. It can help resolve parenting disagreements, property settlements among divorcing couples, and succession disputes among kin. Note that mediation can occur with both parties sitting together or separately on different occasions. On disputes of significant magnitude, you can involve family lawyers to help guide the mediation process. If you don't resolve the dispute through family mediation, you may move to court. However, you must present a certificate to prove you engaged in family dispute resolution through mediation. The Purpose Of Family Mediation The purpose of family mediation is to help disputing parties reach a long-lasting agreement. The decision they arrive at should be of their liking and should be satisfactory to each party. Unlike other disputes, family disputes have a relationship and emotional attachments, though some have financial and legal implications. Resolving these disputes in court may address the financial and legal aspects alone and fail to address the emotional and relationship aspects. However, through mediation, the disputing family members can resolve all aspects of their disputes and arrive at a more desirable agreement. Family Mediation Process The family mediation process involves the following steps. 1.  Initial consultation/pre-mediation: The mediator seeks more information concerning the dispute. They should also gather personal concerns, perspectives, and projected outcomes of both parties. Note that at this stage, the mediator meets the disputants separately. 2. Joint sessions: After individual parties agree to proceed with mediation, the mediator organizes a joint session. At this stage, the mediator sits together with the disputing parties in one room. 3. Issues identification: Since the mediator has background information about the dispute at hand, they, at this stage, identify critical issues of the dispute. The mediator should guide both parties in talking about their priorities, concerns, and desires. 4. Establishing options: Now that the underlying issue is well-spelled out, the mediator should guide disputants in coming up with possible solutions. The mediator should suggest expansive possibilities after brainstorming suggested solutions. 5. Final agreement: At this stage, the mediator should assist the disputants in structuring a mutual agreement. The mediator should ensure that the final agreement is fair and in line with the state´s laws. Family Mediation Benefits Family mediation has several benefits, as listed below: It Generates Mutual Agreement Through family mediation, disputants can arrive at a mutual agreement satisfactory to each party. The parties have the right and power to explore all possibilities and arrive at a more desirable decision. Family Mediation Resolves Disputes Faster Unlike court disputes, which take years to resolve issues, family mediation takes a short period. On average, the family mediation process takes between three and six months to resolve a dispute. It Preserves Relationships Since family mediation addresses the emotional and relationship aspects of a dispute, the disputants should be able to maintain their long-term relationship post-dispute. Confidentiality And Privacy Court cases are in the public domain and may expose sensitive and private aspects to the general public. However, family mediation creates a more secure and private environment where disputes are resolved without involving the general public. Cost-Effective Mediation saves a lot of money, which would otherwise be spent on court charges and other legal fees. Family Disputes Ideal For Mediation The family disputes that should be resolved through mediation are as follows: ·         Succession disputes ·         Matrimonial property issues ·         Children maintenance disputes ·         Children custody ·         Shareholder disputes in the family business ·         Civil and other inter-personal disputes Should I Involve Family Lawyers In Family Mediation? It is good to involve your family lawyer in family mediation. The lawyer will provide you with legal advice concerning the legal and financial implications of your family dispute. Besides, they should be able to guide you through the mediation process since it can be overwhelming. In addition, they can help add the final touches to the final agreement you arrive at. Unfortunately, not all family mediation processes have the desired outcome. Sometimes, parties may disagree, bringing the need for court proceedings. In this case, the court will demand a certificate showing you participated in family mediation. Your lawyer will be much more resourceful here. Conclusion Family mediation aims to bring disputed family members to an agreement. Besides settling their disputes, it also helps mend their broken relationships and heal their emotions. In doing so, it protects the interests and values of both parties, promoting family cohesion. What's more, family meditation addresses the issues of parties involved in the mediation session and those indirectly involved in the dispute. The process will ensure the interest of such parties, including children´s future well-being, is well addressed. 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7 Characteristics of a Great Lawyer that can Help Win your Legal Battle

When you need legal help, it's critical to have the right lawyer to help you with your cause. Lawyers aren't all the same. Having the right legal team fighting for you can mean the difference between getting the right result in court and wondering what went wrong. If you're not familiar with the legal system, it can be hard to know if you have a lawyer who is up to the task. Here are seven characteristics of a great lawyer that can help in your legal battle from the attorneys at Lawyers Foyle Legal: 1. They listen: Being a great lawyer begins with being a great listener. Each case depends on what happened in that specific case. A lawyer can't be a great advocate for you until they fully understand the facts of your case. Your lawyer should remember the basic details about your case from one meeting to the next. They should actively listen to what you have to say, and they should ask questions. A great lawyer knows that you're more than just a case. Getting to know you and the details of your claim is a critical part of being a successful advocate. Your attorney should listen to you, ask questions, and allow you to ask questions, too. Being a good listener is the hallmark of the best legal minds in the world. A lawyer who does not listen is not someone who is able to help his or her clients to the best of their abilities. Listening allows for numerous details to be thrown up, which are relevant for the case at hand. Many people trust the Los Angeles Criminal Defense Attorney for the exact same reason. Their ability to listen to their clients and solve issues makes them sought-after in the industry. 2. They have experience in your area of law: Lawyers practice in many different areas of law. Some lawyers practice personal injury law and spend their time fighting for accident victims. Other lawyers focus on criminal law, wills and trusts, employment law, or patent law. Some legal practices are very specific to even a single law or issue. When you need a great lawyer, you need a lawyer that's experienced in the type of case that you have. Your lawyer needs to know the laws and court procedures that apply to the area of law that impacts your case. Thorough knowledge of the law and experience in the law is what gives an attorney the ability to advocate effectively for the client. Without a legal specialty in the right area, your attorney may miss critical rules and requirements. These errors may derail your case, or they may prevent you from fully getting the compensation that you deserve. Be sure that your attorney focuses in the right area of law and that they have the experience to help you with any unique issues that may arise in your case. 3. They can speak about your case: Your lawyer should be able to learn about your case and then give you a general idea of what to expect going forward with your claim. They should be able to tell you the basics about how the law applies in your case without having to turn to a textbook. Part of what your lawyer does for you is preparing you for what to expect in the legal process. They should be able to give you a rough idea of whether you have a case, a timeline for resolution of your claim, and what things you can do in order to achieve a better result in the legal system. A great attorney is honest with you about any issues that may make your case more difficult. If there are things that may cause you to lose your case or get a different result than you're hoping for, your attorney should be upfront with you about these things. They should help you understand the strengths and weaknesses of your case as well as what may happen in the future as you go forward with your claim. 4. They stay in touch: A great lawyer is a communicator first and foremost. They speak to the courts, and they speak to the opposing parties in the case. However, it's also critical that your lawyer communicates with you. You should be able to approach your lawyer with questions and concerns. Likewise, your lawyer should reach out when they have questions about your case. They should keep you up to date on developments as your case moves forward. Your lawyer may communicate by phone or email. In any case, there should be an open door for you to communicate with your lawyer at any time. 5. They build your case through diligent case preparation: Even if the facts are on your side, there's still important work to do to build a legal claim. You must gather evidence in a way that you can present in court. There are technical rules about how to present evidence, and you must follow them. For each type of case, there are certain elements that the parties involved have to prove or disprove. A great lawyer knows how to build a legal claim. They know that you must diligently take steps to build your case and present it to the court. 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Personal Injury Attorneys Denver

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