Collaborative and Family Law Mediation – Moving Towards Better Option than Court

admin — Tue, 07 Apr 2015 22:46:13 +0000

Collaborative Family Law is a device where the clients or both the
parties required providing information and disclosure in a timely
fashion. And if they are delaying or appear to be less than open and
candid, having an honest conversation the process will fail to the
disadvantage of both the parties. Both the counsels are equally required
to be open and honest to each other to find the best and legal
solutions available to the clients. The collaborative process is,
indeed, a process which continues to serve the needs of the parties in
conflict – however, much depends on the clients’ objectives, needs, and
understanding. Collaborative option may not be a good option in certain
situations specially if there is active domestic violence, drug or
alcohol addiction, serious untreated mental illness, or an intention to
hurt the other party emotionally or financially. Perhaps for those
litigation is a better option.

What is Family Mediation?

Family Mediation is an effective way to resolve and settle family
conflict. Unlike, the court litigations, family meditation allows
parties to maintain control and ownership of the entire process and
emphasises the significance of cooperation and fairness. Parties are
encouraged to communicate with each other to explore their respective
needs and interests in order to reach to an agreement with the help of
the Mediator.

The Mediator is not judging the parties neither is
he/she providing legal advice to the parties. The Mediator facilitates a
series of discussions with the parties leading to an agreement on the
issues between the parties. The agreement is prepared in the form of
Memorandum of Understanding. The parties would then take independent
legal advice on the Memorandum of Understanding drafted by the Mediator.
Now the process of drafting the Separation Agreement based on the
Memorandum of Understanding begins.

Benefits of Family Mediation:

Before mediation process begins, it is important to first identify if
family mediation is appropriate for you. It is recommended that you
obtain legal advice before entering the mediation process.

Call us for more information.

Legalize » Family MediationLegalize

Collaborative and Family Law Mediation – Moving Towards Better Option than Court