Professional Roles in Collaborative Mediation: Lawyers
You and your spouse have decided to separate, and you are looking for an amicable split. What is the best approach?
Collaborative Divorce is an alternative option to litigation that provides more professional support to each individual during the divorce process. Each party agrees to stay out of court, and retains their own lawyer, divorce coach (if needed), and a neutral financial professional and/or a parenting expert. Everyone works collaboratively to come to a mutually agreed-upon settlement.
One of the vital professionals used in this process is the Collaborative Lawyer. Here are few ways that a lawyer works with their client during a Collaborative Divorce:
- Lawyers are not neutral parties, they advocate for and protect their client
- They advise their clients on how the law applies to their situation and what the best path forward would be
- Collaborative Lawyers identify your interests and all available choices
- They provide advice for any legal problems that may be involved with your case
- They can anticipate upcoming conflict and work to resolve it
- A Lawyer works with the other party in ways that avoid court
- They act honestly, courteous, and gracious at all times
- They guide clients through the process by treating conflict as a way to find agreeable solutions
- A Lawyer drafts agreements and files them with the court
As you can see, during a Collaborative Divorce the lawyer is not an adversary. They are there to represent their client and their client’s interests in a considerate fashion.
Our divorce mediators work with you to explore options, get the information you need to make good decisions, and assist both of you in reaching an agreement while keeping both parties in control over their future.
Note: This information is general in nature and should not be construed as legal/financial/tax advice. You should work with your attorney, financial, or tax professional to determine what will work best for your situation.