If lack of communication is the reason my spouse and I are getting divorced, how are we supposed to be able to mediate or collaborate?
With the support of skilled and creative collaborative attorneys or an effective mediator, you will be surprised at the results you and your spouse can achieve.
I want to recommend collaboration to my spouse, because I know I don’t want to litigate, but I don’t know how to describe the key benefits to him/her. What should I tell him/her?
The two most significant benefits of collaboration are privacy and control. Unlike in litigated cases, where parties are often left waiting in court hallways, while their attorneys go behind closed doors to discuss their case, in collaboration, you and your spouse will be present during every phase of the process. With the assistance of collaborative attorneys, you will meet privately to create your own agreements on all of the issues pertaining to the divorce. The result will be a settlement that is specifically tailored to your family’s goals and needs.
Will I get a better result if I litigate rather than mediate or collaborate?
My experience suggests that a couple can achieve a better result in terms of both the process and the outcome from either mediation or collaboration.
Can I hire any divorce attorney to handle a collaborative divorce?
Just as it wouldn’t be ideal to hire an orthopedist who specializes in shoulders, to operate on your legs, it would not be wise to hire a divorce attorney who primarily litigates, to handle your collaborative case. There are two essential things to look for in a collaborative attorney: (1) an attorney with formal collaborative training; (2) an attorney who devotes the majority of his/her divorce practice to collaboration or mediation.