Mediation employs an objective party (the mediator) to facilitate a solution
to a legal issue between two parties. The mediator takes no sides, but
simply points out and addresses where there is disagreement between two
parties. With a mediator, any two people (spouses, family members, children)
can identify their contentions and work them out with the help of an objective observer.
There are a few different mediation formats:
- 3-person mediation: includes spouses and mediator.
- 3-person variation: includes spouses and mediator, with attorneys on standby
- 5-person mediation: spouses, their attorneys, and a mediator
- 4-person mediation: team meeting between attorney, a mental health professional,
Collaborative divorce is a legal divorce process that takes place entirely
outside of the courtroom. Here's how it is structured: each spouse
and their attorneys will meet with each other, employing the help of a
financial planning specialist, children's needs specialist, and a
mental health professional. As a team, they will work out an agreement
between both parties.
Prior to beginning, each spouse will sign a document stating that if they
cannot reach an agreement, they must hire new attorneys and take their
case to court. This arrangement keeps them accountable to each other while
motivating both spouses to come up with a suitable solution.
This is perhaps the most relaxed and flexible of all out-of-court resolutions.
In a cooperative divorce, both spouses will gather with their "team,"
including attorneys, a child psychologist (if necessary), and other experts.
However, unlike collaborative divorce, they are free to retain the same
lawyers if they pursue litigation. There is no formal requirement for
them to meet together as a team, either.
This approach is perhaps the fastest and least expensive form of alternative
dispute resolution. For couples who wish to part amicably and possess
few contested assets, this may be the best legal option. Couples who go
through cooperative or collaborative divorce often notice that it is far
less costly to them and their children on an emotional level, leaving
the family in better shape as they begin new lives.
Why We Believe in Alternative Dispute Resolution
These measures appeal to us as lawyers and as people because they offer
effective solutions for our clients without the pain or emotional trauma
of hostile, contested litigation. They also align to our firm's approach
- much like these resolutions are collaborative, our attorneys employ
a collaborative approach to our cases. We work together as a firm, pooling
together our specific experiences in order to provide the best outcomes
for our clients. In the end, that is the most powerful advantage to alternative
Call (619) 577-4900 today to speak with our San Diego family law attorneys
about your case in a
free consultation. We offer more than 25 years of experience, board certified expertise,
and a genuine desire to help you resolve your family's situation.