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Mediation Vs. Collaborative Divorce: How These Different Remedies Can Help You

There is no one-size-fits-all solution to any divorce, as each family is unique and you and your spouse or partner may have agreed on most issues, yet still have disagreements on some issues you cannot resolve. You and your spouse or partner may only have one or two small disagreements that you need to work through as you disentangle your affairs, or you may have significant divisions that require a much broader approach to resolve.

At Clement Law Center, our office helps clients in these situations by offering mediation services as well as collaborative law representation. Both of these are useful mechanisms by which you can avoid the expense, pain and publicity of a trial in court while resolving your issues in a more amicable and efficient way.

Mediation And Its Advantages

Mediation provides you and your spouse with a mechanism of resolving issues which you cannot find solutions for. A mediator can serve as a professional, unbiased third party who will facilitate discussions between the two of you. The mediator will help to create common ground so that an agreement can be reached over the issues involved, such as those involving custody and visitation your children, spousal maintenance, or the division of assets. You do not have to hire attorneys to represent you in a mediation.

Mediation is often an excellent and less expensive solution to resolving log jams in getting an uncontested divorce, because it does not preclude you from proceeding to litigation if mediation is unsuccessful. Also, anything said in mediation cannot be used as evidence in a trial, so you are free to negotiate and make offers without fear of repercussion. If an agreement can be reached on all issues, the two of you can file a joint petition, wait 90 days, and then get your final orders entered, often without the need for personally appearing at a court hearing.

Collaborative Law And Its Advantages

A collaborative law divorce is one that is conducted with both spouses entering into negotiations over the issues over which they cannot find a resolution to otherwise. You and your collaborative law attorneys will work together to come to an agreement before any case is filed, which allows you to create an agreed resolution of all issues that is tailored to your situation. These agreements can address child support and child custody arrangements, alimony payments to your spouse, and asset division of your jointly owned property.

The benefit to you through this process is that you have your lawyer with you, you will avoid having to go to court and keep your family’s information private, while reducing the amount of time and stress a contested case would take on your family. It will also cost less than a litigated case, as you will save on time and attorney fees.

Come And Learn How We Can Help

If you are looking for additional information about which process would be right for you, then you can call our office to get answers. Call us at 253-357-5395 or send us a message online. At Clement Law Center, we offer consultations, so call us today to schedule yours.