Marlene Dancer Adams
~Divorce - Family Law - Mediation~
Collaborative Divorce provides divorcing couples an innovative alternative to a traditional courtroom divorce. In Collaborative Divorce, control isn’t handed over to a judge unfamiliar with a couple’s or a family’s unique circumstances and who has a very limited time to hear their case. Instead, the divorcing couple works with specially trained Collaborative Divorce Professionals — and without court interference — to arrive at a creative and customized solution, just for them.
Mediation is a private negotiation wherein the parties and attorneys attend the session in which the Mediator is the neutral who attempts to facilitate an agreement on all issues. The sessions are much less formal than trial but still involve using evidence to support each party’s positions on the child and property issues. Rarely are the parties in the same room, only the mediator moves between rooms, resulting in less stress on the parties. If an agreement is reached, it is reduced to writing and will include two statutory provisions that make the agreement binding and not subject to revocation, so neither party can change his/her mind. Each party is entitled to judgment as a matter of law on the agreements contained in the Mediated Settlement Agreement. The Agreement is binding on the Court.
Success of Alternative Dispute Resolution - Collaborative Law and Family Law Mediation allows the parties to any type of family law case to make decisions that are specific to their unique needs and circumstances. These methods of Alternative Dispute Resolution are used with much success in Divorce, Paternity, Non-Marital Cohabitation, Military Divorce, Family and Domestic Violence, Parental Kidnapping; Child Abuse; Relocation; Child Custody, Modification of prior Family Law Order.
Arbitration is a process wherein the parties and attorneys agree to hire a private judge, called an arbitrator, to make the same decisions that a judge could make, and the parties agree to honor the arbitrator’s decisions as if a judge had made them. Arbitration has some of the same advantages as mediation does, including speed, efficiency, privacy, cost-effectiveness, and informality.
Just as in a trial, each side prepares arguments and evidence and presents them to the arbitrator, and then the arbitrator makes decisions. One of the advantages of arbitration is that the presentation of evidence is usually less formal than in a courtroom. Generally the case can be scheduled for a hearing/trial with an arbitrator much more quickly than you would get a case to trial, so speed is a major advantage. It’s also private, unlike a trial, which is open to the public.