INDUSTRY INSIGHT
E
veryone has likely heard horror
stories about someone they know
being forced into a courtroom to
“duke out” issues pertaining to a divorce.
However, many people do not realize
that divorce does not have to be ugly.
Rather, it can be a respectable, private
and dignified process—with cheaper
price tag—when the parties utilize the
collaborative divorce process, mediation,
or privately negotiated settlements.
FAMILY LAW
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AVOIDING
THE
COURTROOM:
ALTERNATIVE
PATHS IN DIVORCE
exploring options that will help the
parties meet their goals, testing
consequences, and, in the end, finalizing
the parties’ settlement.
MEDIATION
Mediation is another viable option for
settling a divorce without ever setting
foot in court. A mediator is a third-party
neutral who assists couples in coming
to an agreement on things they may
not otherwise be able to agree upon
independently. Going through the
mediation process tends to be a cheaper
option than litigation. At the end of a
successful mediation, the parties get an
agreement, called a memorandum of
understanding, which is a non-binding
settlement agreement. Most mediation
participants have private attorneys
who review the memorandum of
understanding and formalize it into a
binding marital settlement agreement.
One of the spouse’s attorneys, not
the mediator, then files the divorce
complaint and the final legal documents
with the court.
COLLABORATIVE DIVORCE
The collaborative process involves
both spouses committing to settle their
divorce without ever seeing the inside
of a courtroom. Spouses must retain
collaboratively trained attorneys to assist
them in the process, which includes
a series of meetings at the attorneys’
offices rather than taking the issues
in front of a judge for resolution. The
process focuses on goals and interestbased negotiations instead of the parties
taking positions and pitting against each
other.
There is complete transparency in the
collaborative process, unlike the game
playing and manipulation that
often goes on in litigation. In the
collaborative process, parties focus
on their futures and respective
goals rather than pointing
Divorce/Custody
fingers and looking backward.
Support/Alimony
Collaborative practitioners are
trained to help the parties avoid
Collaborative Law
the “blame game” so the process
Estate Planning
stays productive and the parties
are continuously moving closer to
Guardianship
their goals.
Sometimes it is necessary
Mediation
to employ the use of other
collaborative professionals in the
process, such as collaborative
coaches, who are mental health
professionals. They run the
meetings, help the parties keep
their emotions in check, and take
the minutes. Financial neutrals,
such as CPAs and financial
advisors, can assist by educating
the group on the parties’ finances,
helping with budgeting, providing
10475 Perry Hwy., Suite 204, Wexford, PA 15090
an inventory and accounting of
the parties’ assets and debts, and
valuing a business.
Collaborative divorces are
Protecting Your Family and Your Future
handled in stages: gathering
information (where the parties
cooperate in exchanging financial
and other pertinent information),
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PRIVATELY NEGOTIATED
SETTLEMENT
Some couples work out all of
the details of their divorce by
themselves, and then merely hire
an attorney to make it legal. This
cost-saving measure is a great
option for parties who are able
to adequately communicate with
each other. Since an attorney can
never represent both spouses in
a divorce because it is an ethical
conflict of interest, the attorney
representing one of the parties
can do all of the paperwork. The
unrepresented spouse will then
have the option to pay for another
attorney’s time to review the
paperwork before signing to make
sure he or she understands the