If it doesn't appear like mediation is for you simply because you want the help of having a lawyer of your personal, but you are committed to the peaceful resolution of your divorce, consider using a pretty new process called collaborative law.
In a collaborative procedure, each spouse is represented by an attorney who is committed to a fair resolution of all the problems in the divorce. To begin the process, both spouses and their attorneys sign an agreement that calls for the following:
Central towards the collaborative law process will be the commitment by everyone involved to resolving instead of litigating. While the attorneys represent their respective customers, they also support the collaborative procedure, need full disclosure of all assets and liabilities, and encourage agreements for both spouses and their children. The "no court" agreement is vital, as it provides a main incentive to settle without incurring the price of starting over again with a new attorney.
During the procedure, the parties and their attorneys meet in a neutral setting to begin negotiations. All meetings include both spouses and both attorneys. All participants must contribute to positive discussions. At some point the spouses might agree to jointly retain experts, i.e., forensic accountants, to prepare accounting analyses, value assets, and assist with other technical problems.
Other financial professionals might offer financial and tax advice, and in some cases the spouses may hire a youngster specialist, as well as a mental health expert to provide methods to cope using the emotional stresses of divorce. What assistance is needed will vary from case to case.
You obtain help from your attorney's advocacy, expertise, problem-solving, and negotiating abilities, while still retaining control over creating a negotiated agreement. You stay focused on finding positive options instead of getting derailed by threats of "going to court." You negotiate a complete settlement, instead of receiving an order produced by a judge with too little time to understand the problems important to you or the nuances of your situation.
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Note: This article was sent to us by: Dean Ruttfield at 01172011
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