INDUSTRY INSIGHT
E
FAMILY LAW
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 a cheaper price tag
when the parties utilize
the collaborative divorce
process, mediation, or
privately negotiated
settlements.
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 interest-based 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 fingers and looking backward.
Collaborative practitioners are trained to help the parties avoid the
“blame game” so that the process stays productive and the parties are
continuously moving closer to their goals.
Sometimes it is necessary 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 an
inventory and accounting of the parties’ assets and debts, and valuing
a business.
Collaborative divorces are handled in stages: gathering information
(where the parties cooperate in exchanging financial and other
pertinent information), 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.
SPONSORED CONTENT
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, as
it is an ethical conflict of
interest, the attorney may
represent one party and 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 deal.
Avoiding the Courtroom:
Alternative Paths in Divorce
This Industry Insight was written by Brooke B. McMorrow, Esquire.
Attorney Brooke McMorrow is the founding member and Managing Attorney of
McMorrow Law, LLC located in Wexford. McMorrow Law focuses on family law matters
such as divorce, custody, child support, guardianship, estate planning, and probate/
estate administration in Pittsburgh and the surrounding counties. Attorney McMorrow is
collaboratively trained and a certified mediator. She is licensed to practice in Pennsylvania
and New York. For a free initial consultation call 724.940.0100 or visit the website at
www.mcmorrowlaw.com.
www.mcmorrowlaw.com
NORTH ALLEGHENY
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WINTER 2019
11