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Florida Mediation And Collaborative Laws Explained By A Divorce Attorney

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Collaborative law is actually an alternative to the traditional process of settling disputes in a courtroom setting. There are no trials involved in this process and you may not even need a divorce attorney in Fort Pierce Florida depending on the process you choose. Therefore, this process is much faster, cheaper and provides a wider range of probable solutions. The outcomes are mostly customized as the parties involved have control over the entire process.

The practice area of collaborative law is relatively large as it can be applied to all types of cases. In fact, there are a few specific practice areas wherein this method is followed more than any other.

It is the flexibility of the collaborative law that allows it to touch the emotional aspects of the parties involved and makes them feel better which is typically impossible in trial courts. You will be surprised to know that after a mutual agreement is reached, parties may even send a note of apology or even flowers to each other!

Apart from family matters, collaborative law can also be used in specific cases where the recompenses are comparatively small, for example, eviction proceedings or settling small claims. Parties can often reach a final conclusion faster and not face the cost and pains of going through court proceedings.

The features and practice areas

In a collaborative process the parties involved discuss matters in person with each other and try to work out a suitable and reasonable solution working together with or without a divorce lawyer in Fort Pierce, depending on the type of collaborative law chosen.

Typically, there are two main types of collaborative law such as:

Negotiation: In this process the parties or their representation divorce attorneys talk with each other directly about the dispute. They arrive at a solution in the process.

Mediation: This is a process that is much similar to negotiation with the only difference that there is an unbiased third person involved.

No matter whichever process is chosen, in the end the mediator or one of the spouses needs to write up a formal and legally binding agreement. This is called a decree and needs to be approved by the judge to make it a binding court order. That means, without having to go through the grueling courtroom process, you get exactly what the court would have wanted: an amicable settlement.

Alternative Dispute Resolution

Mediation law, on the other hand is another out of the court process that is termed usually as Alternative Dispute Resolution, or ADR. The ADR processes actually cover mediation law, collaborative family law, as well as arbitration. This is the process that does not involve trial but effectively decides who gets to keep the child or a specific piece of furniture!

Courtroom trials are immensely glorified in movies and on television but in reality most of the legal disputes do not make it that far. These are typically resolved through negotiation and out of the court proceedings.

Divorce cases are not any different and can also be settled through mediation as well or through informal negotiations between the two parties or with the attorneys. This is the process which is typically a voluntary settlement where there is no judge or jury involved.
In fact, the mediation process is gaining popularity and more and more couples now are inclined to get their case settled this way.

Moreover, in some states the courts require the parties to go through a mediation process before they bring up any case to the court for a formal trial. This is done to reduce the ever increasing pressure on the judicial system and its machinery.

This has resulted in a shift in the role of the divorce lawyer in Port Saint Lucie from representing the parties in a formal courtroom case to informal divorce mediation lawyers. According to their new role the attorneys serve as:

A legal consultant
A lawyer coach and even
A legal adviser.

Their primary job involves facilitating the divorce mediation proceedings.

The right choice

The ADR process is more casual and less adversarial as compared to a traditional court setting. You will need to know whether or not ADR is a right choice for you. Typically, ADR is suitable for couples wanting to resolve matters involving property division, child support, child custody and other related matters.

However, choice of ADR will also depend on different factors such as your willingness to work with your spouse to resolve the issues as well as the degree of the disputes of the main issues with your spouse.