INDUSTRY INSIGHT
FAMILY LAW
SPONSORED CONTENT
ALTERNATIVES TO DIVORCE COURT:
MEDIATION AND THE
COLLABORATIVE PROCESS
Family Law litigation is often combative and
emotional, leaving a lasting negative impact on
those involved, especially children. According to
a study conducted by the Centers for Disease
Control, the harmful effects of divorce on children
can lead to an increased risk in, not only mental
health illnesses such as addiction and depression,
but also physical diseases.
The primary benefits of this process are:
• greater control over the outcome/resolution of
the process
• greater flexibility in settlement
• greater control over costs
• greater insight offered by the team of specialists
often not received through litigation
MEDIATION
So, is there a better way to handle Family Law
issues?
More and more, separating families are choosing
Mediation or the Collaborative Process as
alternatives to the often lengthy, more expensive,
and emotionally exhausting court process.
THE COLLABORATIVE PROCESS
The Collaborative Process is a customized, client-
centered process that shifts Family Law issues
away from the courtroom to help resolve divorce,
child custody, and other legal issues by focusing
on solutions to meet each family’s unique needs.
In many cases, a specialized, integrated team of
professionals is pulled together to help minimize
the trauma associated with family disputes.
With the assistance of collaboratively trained
attorneys, you are able to develop realistic
expectations and resolutions, and ensure that
children never have to step into a courtroom.
Most importantly, parents can leave this process
with the tools to co-parent and communicate
successfully, even after the divorce is finalized.
Mediation involves a neutral mediator, who assists
the parties in reaching a resolution of their divorce,
child custody, support or other legal matters
outside of court. The mediator is impartial and,
therefore, does not represent or advocate for either
party. Rather, the mediator provides information
to the parties regarding what decisions they must
make to finalize their separation. Parties may bring
their respective attorneys to the mediation sessions
or attend the sessions without attorneys. The goal is
to create a mutually acceptable settlement to avoid
the cost and apprehension of going to court.
Article by Dorothy O’Neil, Esq.
Co-Chair, Family Law Group
[email protected]
412.995.3107
Attorney Dorothy O’Neil is Co-Chair of the
Family Law practice at Burns White. She has
experience representing clients in all Family
Law matters, with an emphasis on complex
divorce, custody, and support matters,
as well as paternity matters, prenuptial/
postnuptial agreements, and protection
from abuse cases. She focuses much of her
practice on the collaborative divorce process
and is a Family Law mediator. To discuss
which option is best for your family, please
call 412-995-3107 to schedule a free
one-hour consultation.
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