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Collaborative Divorce FAQS

  • Negotiate a mutually acceptable settlement without having courts decide issues.
  • Maintain open communication and information sharing.
  • Create shared solutions acknowledging the highest priorities of all.

In mediation, an impartial third party, the mediator, assists the negotiations between the parties. However, the mediator cannot give either party legal advice or be an advocate for either side. If there are lawyers for each party, the lawyers may or may not be present at the mediation sessions, but if they are not present, then you can consult them between mediation sessions. When there’s an agreement, the mediator prepares a draft of the settlement terms for review.

Collaborative Practice allows both parties to have lawyers present during the negotiation process to keep settlement as the top priority. The lawyers, who have training similar to mediators, work with their clients and one another to assure a balanced process that’s positive and productive. When there is agreement, a document is drafted by the lawyers, and reviewed and edited by both parties until everyone is satisfied.

Both Collaborative Practice and mediation rely on voluntary, free exchange of information and commitment to resolutions respecting everyone’s shared goals. If mediation doesn’t result in a settlement, the parties choose to use the same counsel in litigation. In Collaborative Practice, the lawyers and parties sign an agreement aligning everyone’s interests in resolution. It specifically states that the Collaborative attorneys and other professional team members are disqualified from participating in litigation if the Collaborative process ends without reaching an agreement.

*Taken from the IACP Website

In a conventional divorce, parties rely upon the court system and judges to resolve their disputes. Unfortunately, in a conventional divorce the parties often come to view each other as adversaries, and the divorce may be a battleground. The resulting conflicts take an immense toll on emotions—especially the children’s. Collaborative Practice is by definition a non-adversarial approach. The lawyers pledge in writing not to go to court. They negotiate in good faith, and work together with the parties to achieve mutual settlement outside the courts. Collaborative Practice eases the emotional strains of a breakup, and protects the well-being of children.

*Taken from the IACP Website

The attorneys at The Roop Law Firm will bring their experience, empathy and talent to work for the best interests of you and your family.

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