Most couples prefer to avoid going before a judge, whose decision will be random and will not restore dialogue between the parties. It is still necessary to reach this mutual consent! Hence the growing importance for lawyers to seek a compromise between the spouses in order to obtain a solution so that they can divorce peacefully: this is precisely what the collaborative process allows. Let’s now review the contours, the procedure, and the multiple interests of this innovative process known as mediation, particularly suitable in the context of divorce proceedings or for any other family dispute.
What is the Collaborative Process?
The collaborative process is a subset of the different amicable modes of conflict resolution that exist, which are mediation, conciliation, or even arbitration. It is one of the alternatives and innovative ways offered to lawyers to resolve the difficulties encountered by the parties. It is a commitment for the parties to negotiate transparently, in good faith and confidentially, before any referral to a judge. This commitment takes the form of a participation contract signed by the parties and their respective lawyers.
The Collaborative Process in Family Law
Applied to family law, the collaborative process allows the family law attorney to invite clients, whether they are spouses, partners or cohabitants, to favor negotiation in order to reach a lasting agreement rather than be confronted with sometimes brutal or unproductive judicial decisions. This is particularly the case in matters of divorce if the spouses no longer get along and are unable to communicate peacefully.
The objective is to humanize, as much as possible, the settlement of family disputes and to find a compromise between the spouses to guarantee each of them a solution that suits them and which allows them, if there are children, to safeguard their interests.
Mediating and Collaborating
What are the differences between mediation and the collaborative process? Unlike family mediation, there is no mediator involved in a collaborative process: only the parties to the dispute propose solutions. They thus build their future together, in the presence of their respective lawyers.
The Role of the Attorney
The role of lawyers is more withdrawn in mediation than in a collaborative process:
- In a collaborative process, the lawyers are active and help the parties find a solution, by proposing options if necessary;
- In mediation, the lawyers make it possible to formalize the agreements reached and to help the parties to the dispute if they are confronted with legal difficulty.
Seek A Legal Professional
If you are not sure of finally making the step towards divorce and you see the possibility of working it out, but with someone who is unbiased, then it is best to speak to a divorce meditation expert with experience in mediation and collaboration. The professional will utilize the different options to see which one works for both parties. There is no cookie-cutter solution since every person’s situation is different. A good mediation expert will listen and hear from both sides to determine the solution. Find a legal professional offering San Diego divorce mediation services.