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Which Attorney Do I Need For My Case: A Mediation Lawyer or Collaborative Divorce Lawyer?

mediation and collaborative divorce

Divorces are not nice. They’re not fun at all. Whether you’re the one wanting a divorce or if you’re the person who’s getting divorced, it can be a very strenuous and emotionally volatile time for people, especially if you have children. In situations like this, people often think divorce involves two lawyers disputing over child support and the splitting of assets and property, which is exactly how it goes, but there are other ways you can get divorced and have your rights overseen and represented in a court of law.

The mediation and collaborative divorce process in South Florida has become very popular in recent years as an alternative means of having your rights represented during the litigation process of a divorce. The mediation and collaborative process involves having people, lawyers or not, depending on the course of action you take, overseeing you in the litigation process, and this has proven useful for many people in the past. If you’re getting divorced and are seeking a better means of securing your rights in a court of law, continue reading and we’ll touch upon the details of mediation and collaborative process.

Many problems can arise during the divorce process that can make things harder than they have to be, and hiring the right lawyer can make the process easier and justly. If you’ve ever asked yourself, “Where can I find good mediation lawyers near me?” you’re in luck because with the mediation process you don’t necessarily need a lawyer for the process, and here’s where we’ll start the list.

The Mediation Law & Process

To be clear, this legal process doesn’t have to involve a lawyer, it’ll help but you don’t need one for this process. This is a form of what is known in law as an alternative dispute resolution (ADR). Although this process is very similar to the collaborative process, the mediation process embodies a different mechanism altogether.

This involves having a neutral third party, whether a lawyer or not, sitting in with you during the litigation process; they will oversee and observe the dealings that are being made to help settle the case fairly. The mediator is tasked with listening to the statements, analyzing the evidence, and helping you and the litigator to resolve your divorce case. The purpose of this law and process is to save time and money by resolving the dispute early on; by doing this, you won’t need to go through the timely and expensive process of court resolution.

To delve a little into the philosophy of mediation law, other forms of ADR and its process, it’s not meant to create a collective final decision, but instead to help the litigators come to a decision on their own and save a lot of money. This is the driving force behind this legal process, saving money. Though the success rate of the mediation process is low, people still turn to this process because they’re crossing their fingers hoping everything goes well and they’ll save money in the end.

Mediations lawyer near me or you often state that mediation can be used in any type of case but more precisely in cases in which parties can’t reach an agreement on their own. But with all of this said, which type of person is ideal for the mediation role in a case? Experts in this matter often recommend professionals with legal training and knowledge of the proceedings at hand, more specifically former lawyers.

Collaborative Law & Process

The primary difference between mediation and collaborative divorce settlements in South Florida is the people involved in the process. In the collaborative process, each party has its own lawyer to represent their rights during this early legal process. Lawyers in this process have a different set of rules and leverage as opposed to mediators.

Lawyers during the collaborative process can advise their clients during the process, while mediators can’t; mediators don’t represent you, while a lawyer does. He or she will have your best interests in mind and can guide you through the various legal proceedings so you can reach a satisfying conclusion.

In the realm of collaborative law, there are two models that you can use: 1.) Lawyers Only, which is when both clients hire their own practicing lawyers, and 2.) Interdisciplinary, which are professionals who specialize in different areas to reinforce your case.

Now, to validate and make a case into a collaborative process, both participants of the case have to sign a document known as the Participation Agreement. The agreement states the “rights and responsibility” of the litigators and their lawyers; in some states, the lawyer has to sign the document as well. If both parties don’t sign, the case won’t be considered legally collaborative.

Within this agreement, participants can also find that a section called the Disqualification Provision. This section states that you and the other party will settle the dispute and negotiate, without going to court or threatening to go to court. Now, if you or your divorcing spouse chooses to go to court anyway, there are certain steps that now have to be taken, such as getting a new lawyer, which will benefit you because, for one, you won’t be cross-examined by a lawyer who knows the exact details of your case, and second, the new lawyer you hire will have a commitment to resolving your case.

In Conclusion

Mediation and collaborative divorce procedures in South Florida are options that many people who are getting divorced consider taking. There are many benefits that you can receive by taking this course of action. For one, the mediation process was designed to save you time and money, but you won’t have a lawyer representing you during this process. Instead, both parties will have a neutral mediator to help you and your spouse reach a settlement.

With the collaborative process, you will have your own lawyer representing you in a court of law, where they can advise on the proper routes to take in the litigation process. Both of these processes should be thought through careful because they can benefit you in the long run and give you peace of mind during your divorce.

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