What If We Try Divorce Mediation And It Doesn’t Work Out? Do We Have To Go To Court, Or Are There Other Options?
What if we try divorce mediation and it doesn’t work out? Do we have to go to court, or are there other options?
It can be distressing when you participate in divorce mediation with the best of intentions and it doesn’t work out. Fortunately rather than going straight to the adversarial process, there is another method of settling cases without the necessity of going to court – collaborative practice. The collaborative practice model involves spouses and their attorneys signing an agreement that they will resolve their issues out-of-court. This allows parties to negotiate without the fear of a contentious court battle. It also avoids the posturing that may occur when dealing with divorce issues in a litigation setting. The goal of collaborative divorce is to solve problems jointly in a respectful manner.
Spouses choosing to follow the collaborative model sign on with a team of professionals who are committed to navigating the parties through the difficult elements of divorce. These professionals include collaborative lawyers as well as divorce coaches and a financial specialist and a child specialist. The spouses, with the help of their attorneys, will each select a divorce coach; an experienced mental health professional dedicated to guiding the spouse through the stresses of divorce.
A financial specialist works jointly with the parties to determine the family finances including the assets, debts and incomes in addition to providing assistance with analyzing financial options for the future.
The child specialist ensures that children of divorce are heard. This individual is skilled in understanding children and may meet with your children privately to discuss their concerns and help them understand the dynamics of divorce. The child specialist is a mouthpiece for the children and will share the children’s hopes and concerns in a constructive manner so that these issues can be considered when planning for their future.
Divorce is never easy but the collaborative model emphasizes cooperation in finding solutions. It may provide the support that was missing with the mediation process. Your team of professionals is focused on resolving your divorce in a mutually respectable manner so that you can have a healthy start to your new life.
When divorce mediation doesn’t work for you and your spouse think of collaborative practice as your next best option. For further information about the collaborative process you can visit our website at www.DivorceWithRespect.com or the International Academy of Collaborative Professionals at www.collaborativepractice.com or Collaborative Practice California at www.cpcal.com.