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What is the collaborative law process in Florida like?

On Behalf of | Oct 4, 2019 | Divorce Mediation |

If you’ve started to explore the idea of divorcing your spouse here in Fort Myers, then you’ve likely uncovered that there are two ways of going about that. You can either use the collaborative law process or litigate. There are many positives associated with negotiating the end of your marriage via a collaborative process.

You’re already likely aware that litigation involves you and your ex and your respective attorneys hashing out any lingering matters in front of a judge inside of a courtroom. If you and your spouse can’t agree on certain matters, then the judge presiding over your case will ultimately decide such matters for you.

The collaborative divorce process is much different from litigation. It involves you hiring an attorney to aid you in negotiating any lingering concerns that you may have. Mental health counselors may be brought in to help guide the discussion concerning any lingering child custody matters that the two of you may want to address. A financial planner may have you broker an agreement on money-related matters.

Divorcing spouses that decide to participate in the collaborative law process must sign a Participation Agreement. As part of that agreement, the attorneys acknowledge that they will withdraw their participation in the case if they are unsuccessful in helping their clients settle outside of court. This clause in the agreement motivates many lawyers to aid their clients in reaching a settlement.

Mediation is an important type of alternative dispute resolution that spouses can use to reach settlements in their Florida divorce cases. Such sessions are generally held at a private location over several weeks. It’s during these meetings that spouses come together and discuss lingering matters that are keeping them from resolving their differences. The mediator presiding over these sessions is a neutral third party whose sole goal is to help couples reach an agreement in their case.

Couples who pursue collaborative approaches to resolving their differences tend to stick with resolutions at higher rates than those who decide to litigate the end of their marriages. A divorce mediation attorney can help you decide whether this approach may be ideal in helping you settle your case.


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