Hostile or litigated divorces, in contrast, are expensive both financially and emotionally, and can tend to poison any future relationship the parents may have, which may be important for future co-parenting. Non-court based dispute resolution approaches such mediation and collaborative divorce may reduce the trauma of divorce for all parties.
There is a parallel between collaborative law and mediation, in that both are facilitative processes. However, in collaborative law, the parties are fully informed about the law and the consequences of various options, and their advocates facilitate the negotiations.
Mediation is often ordered during the course of the litigation process. In mediation, the mediator is a neutral third party who doesn't represent or advise either side. Learn more of this with the North Carolina divorce lawyer.
The key document in a collaborative divorce case is the participation agreement. At the beginning of the collaborative divorce process, both parties’ sign a Participation Agreement which requires both parties to agree that:
The lawyers will not litigate the case. If the process fails, and litigation is the only recourse, the original attorneys must withdraw and the parties must retain new lawyers; Neither party will take advantage of mistakes by the other side; The parties will freely disclose all pertinent information and will not hide any material facts; What is said in the settlement meetings remains confidential; All experts will be neutral, and hired jointly by both parties and their children; and Everyone will behave courteously and in good faith. Visit the North Carolina divorce lawyer to learn more about this.
Because of the additional support of attorneys and expert neutrals, such as financial specialists and coaches, the success rate of a collaborative divorce is very high. In the rare event that the collaborative divorce process ends without the parties reaching a settlement, the collaborative lawyers become disqualified, and are replaced by new counsel.
Because of its additional support, collaborative divorce is better equipped to handle relationships with a history of abuse. For more information regarding collaborative practice, then visit the North Carolina divorce lawyer for more details.