Collaborative Divorce Decrees & Mediation Services
Collaborative divorce provides divorcing spouses with an opportunity to work out the terms of their dissolution without ever setting foot in a courtroom. Rather than taking an adversarial approach to the matter, spouses work with their attorneys to come up with mutually agreeable terms to the marital dissolution.
The first step to a collaborative divorce involves signing a Participation Agreement. The Participation Agreement outlines what the parties may and may not engage in throughout the process. It may include terms that:
- Require the parties to act in good faith.
- Require the parties to refrain from litigation.
- Require the parties to engage in open communication.
- Prohibit the parties from taking advantage of mistakes made by the other party.
- Require that only neutral experts be counseled with.
- Set forth reasons for withdrawal from the process.
- Require confidentiality.
The idea behind collaborative divorce is that the parties work as a team to create the best possible outcome. Sometimes this team is made up of nobody more than the spouses and their attorneys. Other times, the team expands to include experts and specialists. Parties to a collaborative divorce can work together to determine whether additional expertise would be beneficial to their process. Spouses that are able to work together in this manner oftentimes find the collaborative divorce model beneficial. To learn more about collaborative divorce, call JacksonWhite to speak with an Arizona collaborative divorce attorney, at (480) 779-7972.
Mediation provides a good alternative to litigation for many couples going through a divorce. Mediation can take a variety of different forms, and it is almost always less adversarial than traditional dissolution proceedings. For this reason, divorcing couples are oftentimes able to reach a mutually beneficial outcome with mediation.
Throughout the mediation process, the spouses meet together with a mediator to discuss the pending dissolution. The mediator remains in a position of neutrality and provides each spouse with the information necessary for them to reach their stated goals. At no time should the mediator take sides with either party, or offer advice that gives one spouse an advantage. Parties who want specific legal counsel are free to retain an attorney to represent their personal interests, but they are not required to do so.
Mediation removes some of the barriers common to traditional litigation. Ideally, parties to mediation can work together with a neutral party to come up with a mutually acceptable dissolution agreement. The family law team at JacksonWhite believes that mediation services are a viable alternative to a contested divorce. To speak with an Arizona family law attorney about mediation services, call Tim Durkin, at (480) 779-7972.