Winter 2025 Gavel | Page 13

limited circumstances , such as when a restraining order is in place . This is because the program is specifically designed to address child-related matters , and participation is mandatory when ordered by the court . However , in situations where no children are involved , the program does not apply , requiring parties to consider private mediation at their own expense . Another key benefit of the program is that it is generally faster and less costly than litigation . This makes mediation an appealing option for couples with relatively straightforward issues . However , its success can be hindered in cases involving significant power imbalances , high-conflict dynamics , or when one or both parties are not fully committed to reaching a resolution . Notably , if the parties proceed to mediation unrepresented , they would be responsible for drafting their own legal documents , which can also present challenges .

In contrast , collaborative divorce is a team-based approach involving spouses , their attorneys , and other professionals . All participants , including both attorneys , are committed and focused on reaching a resolution without litigation . In addition , collaborative divorce can be used in various cases , whether or not children are involved , regardless of the size of the marital estate . This said , the process is particularly valuable for families with complex financial issues , high emotional stakes , special-needs children , or mental health challenges . The drawback of collaborative divorce , however , is the process requires two trained attorneys . In contrast , mediation does not require attorneys at all , making mediation a more accessible option for self-represented parties . While collaborative divorce may be quicker and less expensive than litigation , it will likely take longer and cost more than mediation due to the need for multiple sessions and the involvement of additional professionals .

4 . Advanced Skills Development : Practitioners must complete 15 hours of additional training in areas such as interestbased negotiation , advanced collaborative law techniques , communication skills , or professional coaching .

5 . Continuing Education : Attorneys must complete six Continuing Legal Education ( CLE ) hours annually to stay updated on best practices and developments in the field .

The Future of Family Law in North Dakota

As more North Dakota families recognize the value of collaborative divorce , the demand for trained practitioners continues to grow . For attorneys , embracing collaborative divorce offers a chance to broaden their practice while making a meaningful impact on families and contributing to a more effective legal system .

If you ’ re considering divorce and seeking a process tailored to your family ’ s needs , or if you ' re a solutions-focused attorney looking to make a difference , collaborative divorce may be the answer . Learn more or find a trained attorney in North Dakota at https :// nddivorce . com /.

Priscila Ulloa , a 2022 graduate of the University of North Dakota School of Law , is an associate attorney at SW & L Attorneys in Fargo , specializing in family law . She actively participates in various legal organizations and serves as the vice president of the Cass County Bar Association .

Ultimately , the decision between these two methods depends on the specific dynamics of the family , the nature of the dispute , and the desired outcomes .

Training for Collaborative Divorce Practitioners

To effectively guide families through this unique process , attorneys in North Dakota are required to meet specific qualifications and continue their professional development , as outlined below :

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We are available for free , confidential consultations regarding tax-wise giving and charitable gift & estate planning .

Ask us about CRUTs , CRATs , CGAs , and other charitable-giving tools . www . NDCF . net

Kevin J . Dvorak , CFP ® President & CEO Bismarck 701-222-8349 Kevin @ NDCF . net