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Collaborative Law and Mediation

One of the latest trends in family law is Collaborative Law. It is an alternative to litigation.The idea of Collaborative law is not new but it has yet to grow in popularity. Collaborative Law allows the parties to keep control of the outcome. The parties hire attorneys committed to a process of including the parties and use group meetings in all negotiations and discussions. The goal is to resolve the matter without going to court. To keep things fair, the Collaborative Law attorneys agree not to represent the parties in court should either party decide to litigate their differences. This process can achieve satisfactory results for divorcing parties and makes cooperatively raising children after the divorce more successful.

Some parties do not want to start over with a new attorney (this can result in duplicative costs) should the Collaborative Law method not resolve the issues. To still maintain the benefits of the Collaborative Law process (to some degree) private mediation may be the next best option. Private mediation can be pricey but it can lead to lasting results and benefits for the parties and their family. Private mediation allows the parties to resolve as much as possible before either party starts the litigation process. This keeps the contested issues and costs to a minimum. In order to get the court appointed rate ($60.00 per hour)then you would petition the court for a mediator. Unfortunately, you need to have a pending litigation to qualify for the court appointed rate. This creates a great deal of stress on the parties as they will have a pending hearing hanging over their heads should they not be able to resolve their case within a set time. It is strongly advised that before attending mediation you seek counsel and determine your rights and the rights of your children. Should the other party bring an attorney to mediation, it is strongly advised that you do so as well. A joint resolution can have a lasting impact on the long term health of the parties and their children.

This message is not legal advice. Communications via e-mail and blog do not establish an attorney-client relationship. Commenting on blog posts should be limited to requests for more information regarding local resources. Do not share information which is personal to your case or can be used against you. Make sure that all posts do not contain identifying information. Should you want to discuss your case please contact me directly via email or phone: lrojas or (603) 934-9837.

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