MEDIATION AND COLLABORATIVE FAMILY LAW

Both Mediation and Collaborative Family Law are designed to offer a more effective alternatives to court dispute resolution with respect to divorce, child custody, asset division and much more. 

MEDIATION

Mediation is a voluntary and constructive dispute resolution process offering individuals and parties an alternative to traditional litigation, emphasizing open communication, collaboration, and negotiated solutions. 

Key Features:

1. Voluntary Participation: Mediation is a voluntary process, with all parties agreeing to engage in the discussions. This ensures that participants are committed to finding resolutions and are more likely to work together toward positive outcomes.
2. Neutral Mediator: A trained mediator, often chosen jointly by the parties, facilitates the mediation process. The mediator does not provide legal advice but instead guides discussions, encourages understanding, and assists in generating options for resolution.
3. Confidentiality: Mediation sessions are confidential, providing a safe space for parties to openly discuss their concerns and explore potential solutions without fear of their words being used against them in court.
4. Customized Solutions: Unlike court decisions, which are binding and may not fully address individual needs, mediation allows parties to design solutions that work best for them. These solutions can be creative and tailored to their unique circumstances.
5. Cost-Effective and Timely: Mediation is often more cost-effective and faster than going through the court system. It reduces the time, stress, and expenses associated with lengthy litigation.

COLLABORATIVE FAMILY LAW

Collaborative Family Law is a manifestation of Alternative Dispute Resolution (ADR) where both parties also willingly enter this process, pledging to address their concerns in a respectful and cooperative manner while avoiding adversarial actions; however, this is achieved by each side retaining their own collaborative family lawyer who offers guidance and fosters constructive negotiation to achieve a mutual agreement.

Parties opting for this court alternative must be prepared to exhibit openness regarding the issues at hand and voluntarily provide comprehensive and candid disclosure to the opposing party. Any negotiated settlement rests on the presumption that both parties have acted in good faith and have shared complete and truthful information prior to reaching an agreement. The attorneys representing the parties also dedicate themselves to securing a mutually satisfactory resolution. Both parties must pre-agree that should the collaborative process prove unsuccessful, neither party can leverage their collaborative lawyer to advance their position in court. This establishes an environment conducive to negotiation and settlement.

Collaborative practice aligns with other ADR forms like mediation, arbitration, and negotiation in its pursuit of efficient, harmonious, and cost-effective solutions for the parties. A distinctive aspect of collaborative practice is that it provides each party with their own legal counsel during the process, distinct from mediation where mediators facilitate discussions but cannot provide legal advice.

Giving Tree Family Law advocates for both collaborative practice and other ADR methods due to their capacity for parties to maintain control over issue resolution methods, costs, timing, and added privacy. However, cases characterized by potential power imbalances might not always be suitable for this resolution approach and our team possesses substantial training and experience in identifying such imbalances prior to initiating any proceedings.