Many of our clients hope that their family law matters can be resolved amicably, fairly, and respectfully, and it’s important to them that they and their spouse are able to work together after the divorce on important issues impacting both them and their children. Mediation or Collaborative Law is a settlement method where clients actively participate in the negotiation and decision-making that many clients wish to consider. 

These processes are designed to reduce conflict and stress in family law matters. For a successful outcome, clients need lawyers who are highly trained in alternative dispute resolution techniques.

Representing clients in the Collaborative Process or Mediation requires a separate skill set beyond the typical litigation tool kit. Our specialized Collaborative and Mediation attorneys are trained problem solvers experienced in managing difficult family dynamics and the emotions accompanying people in crisis.

Collaborative Law

Collaborative Law was developed to minimize the trauma that often accompanies divorce. It is a negotiation process in which clients agree not to go to court and participate respectfully and with integrity. Collaboration provides privacy. It is a family-centered process aimed at maintaining positive communication and good co-parenting relationships. 

Clients are encouraged not to focus on the problems that lead to divorce or custody issues but to think about the future of the family and how they can work together.

Participation in the Collaborative Process requires full transparency and voluntary disclosure of all financial information. This provides reassurance that no assets or debts are overlooked and that clients have all the information needed to make good decisions. Voluntary disclosure eliminates the need for costly formal discovery that is common in litigated divorces. 

A Team Approach

In Collaboration, the clients work with a team of professionals whose mutual goal is to find solutions in the best interest of the entire family. The team may consist of attorneys, financial neutrals, coaches, child specialists, and other experts as needed, such as appraisers or business valuators. Team members meet together and work through questions and issues to reach a comprehensive agreement.

  • Lawyers: In the collaborative process, each party has its own attorney who provides advocacy and guidance to the client. The parties and their attorneys commit to working together to resolve divorce-related issues in a constructive manner for the benefit of the entire family. Each client has the support of a lawyer who ensures the client understands the issues and settlement options. Lawyers provide information about the law, but clients are able to make decisions and think creatively about the best solutions for their families. 
  • Coaches: Mental health professionals who are trained in the Collaborative Process work closely with the clients to navigate emotions and communication challenges inherent in divorce. Coaches help clients set goals and develop parenting plans for minor children.
  • Child Specialists: Some families choose to work with a Child Specialist who is trained to meet with the child(ren) and give them a voice in the process. Children with special needs or unique circumstances may benefit from input into the process. Adult children may also participate through a specialist or coach.
  • Financial Neutrals: Financial Neutrals gather information and provide education and impartial expertise to assist with resolving financial issues.

Mediation

Mediation is a process where a retired judge or experienced attorney meets with the parties and their counsel to help guide them toward an agreement. The mediator is a neutral third party who facilitates negotiation to reach a mutually acceptable settlement. A skilled mediator has the expertise to guide the parties toward a resolution but allows the clients to make their own decisions.

The benefits of mediation include:

  • Confidentiality: The mediation process is confidential and protects clients’ privacy. 
  • Creativity: The process is informal and allows both attorneys and clients to participate in creative problem-solving. 
  • Efficiency: The mediation process is informal, allowing both attorneys and clients to participate in the decision-making, and is usually less expensive than litigation.

Other Options for Alternate Dispute Resolution

Mediation and collaboration are the most common forms of alternate dispute resolution used in family matters, but some cases are resolved by arbitration or through a judicial settlement conference. 

How to Get Started

All of the lawyers at Stiles Ewing Powers represent clients in mediation. Several of our attorneys are trained mediators who can assist our clients as neutral facilitators of their family matters. We also have highly trained and experienced Collaborative Law attorneys ready to work with our clients to meet their families’ needs.

Learn how Collaborative Law or Mediation can ease the stress of a divorce or child custody dispute by contacting the law office of Stiles Ewing Powers.