One of the fastest-growing trends in divorce proceedings in
Florida and around the U.S. is called collaborative divorce. Rising in
popularity as it becomes better known, collaborative divorce allows each couple
to enter into mediation, as opposed to a costly and adversarial traditional
courtroom setting.
In collaborative divorce, a couple is able to create a
divorce settlement together with the help of a mediator. Couples are encouraged
to leave their disagreements behind so that they can collaborate on a solution
that is satisfactory to both parties. The process leaves the couple in control
of the process. Often couples, with the help of mediation, can part as friends.
For example, a Florida couple chose divorce mediation
instead of a courtroom setting so that their seven-year-old child would not
have to witness the hostile atmosphere of a courtroom divorce. Married eight
years, the couple first agreed that neither party would seek their solution in
court.
Each of the parties hired an attorney. The attorneys hired a
financial planner and a therapist to help the couple get over the hurdles they
might face during the process. Over the next two months, the couple met with
their attorneys, the therapist, and the financial planner to work together to
create a divorce settlement that would be fair to both parties. The lawyers helped
the couple sort out the legal issues involved, the financial planner gave them
advice on financial matters, and the therapist helped the couple sort out their
feelings and move forward in an amicable, productive process.
With a collaborative divorce, the only time the couple will
have to appear before a judge is to receive her or his approval and signature
on the final document. In this case, this Florida couple was able to part
company with both parties feeling satisfied with the result. Such satisfaction
is a rarity in a traditional divorce.
The collaborative process can help entire families recover
from the pain and hard feelings that arise from the separation of two people
who once promised a lifetime together. With mediation, the family members can
discuss their feelings and concerns in a non-judgmental atmosphere. Fears about
financial issues, child support issues, and other matters of concern can be
better faced with a team of experts who can help the family adjust to its new
way of life. More importantly, divorce mediation can help each person in the
family learn better communication skills that can help them build a friendly
relationship after the divorce.
Source: tbo.com, Kinder, gentler divorces take the bite out
of break-ups, Ray Reyes, Sept. 15, 2013