THE PROS AND CONS OF COLLABORATIVE FAMILY LAW AND MEDIATION

COLLABORATIVE FAMILY LAW AND MEDIATION COURT
Couples working with trained collaborative family lawyers or mediators, reach a negotiated settlement with minimal antagonism A “win at all cost” system pits lawyer against lawyer, husband against wife.
A facilitated and structured process that promotes communication and rebuilds trust in a controlled and objective setting. Continuing conflict aggravates existing painful emotions.
Legal costs can be controlled. Legal costs soar.
Couples commit to put the interests of their family and children first thereby protecting them from conflict. As the conflict escalates, children suffer.
Since all negotiations are conducted privately there is no public scrutiny and confidentiality is maintained. Confidential financial and personal matters become public record and open to scrutiny.
Couples, assisted by collaborative lawyers or mediators can craft much more flexible creative outcomes for both financial and child related matters, tailored to meet the specific needs of the particular family. A judge divides property and establishes custodial regimes using standards that may not meet the needs of the family.
Negotiations occur in a neutral environment and on a timetable agreed upon by the couple and their lawyers or mediator. Negotiations all too often take place in crowded courts under intense pressure.
The timing of any agreement is within the control of the couple. Proceedings may be prolonged.
The couple and their lawyers sign an agreement to at the outset, in a process conducive to helping them heal and move forward. Most of the cases settle, but only after damage has been done and substantial costs have been incurred.