If your marriage was full of conflict, you might be asking how you can make the fighting stop. You picture your divorce as having vicious lawyers, an angry spouse, and screaming matches. You wonder if there is a way out of this nightmare.
Or, perhaps you and your spouse are parting ways amicably. Although you disagree about how your divorce should be settled, you are clear that you want the process to be respectful and without hostility. You would rather spend your hard-earned money on your children’s college education than legal fees.
In either case, going to trial and having a judge make all the decisions in your divorce is not inevitable. In fact, most Kansas divorce cases settle without the need for a trial. Mediation and negotiation can help you and your spouse resolve your disputed issues and reach your own agreements without taking your case before the judge who must then make those decisions for you.
Resolving your divorce through a mediated or negotiated settlement has many advantages. You can achieve a mutually satisfying agreement, a known outcome, little risk of appeal, and often enjoy significantly lower legal fees than going to trial. Despite the circumstances which led to the end of your marriage, it might be possible for your divorce to conclude peacefully with the help of these tools.
What is the difference between mediation and negotiation?
Both mediation and negotiation are methods used to help you and your spouse settle your divorce by reaching an agreement rather than going to trial and having the judge make decisions for you. These methods are sometimes referred to as alternative dispute resolution or ADR.
Mediation uses a trained mediator as an independent, neutral third-party facilitator. They are skilled professionals who can assist you and your spouse in the process. Negotiation typically involves lawyers for both you and your spouse. Lawyers for the spouses may also be present during mediation, although their involvement may be more limited.
How are mediation and negotiation different from a collaborative divorce?
Collaborative Divorce is a method of resolving a divorce case where both parties have a strong commitment to settling their disputes and avoiding litigation. You and your spouse each hire an attorney trained in the collaborative law process. You and your spouse enter into an agreement which provides that in the event either you or your spouse decides to take the case to court both of you must terminate services with your collaborative lawyers and start anew.
The collaborative divorce process in Kansas City usually enlists the support of other professionals to serve as resources on the team, such as an independent and neutral financial advisor and independent and neutral mental health professional or coach, to support them through the process. The process enables the focus to shift away from the marital discord or conflict and toward finding needs-based solutions. The attorneys are a part of the team supporting settlement rather than advocates performing a “gladiator role” and adding to the conflict.
Talk to your lawyer about whether your case would be well suited to the collaborative law process.