Deciding on the best approach to resolve the issues that arise during divorce will depend largely on the parties’ personalities and the issues involved in the case. In order for the collaborative approach to be successful the parties have to be able to trust one another. The process is transparent which requires that both parties operate in good faith and share information freely.
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Once the parties and the attorneys sign the participation agreement, they are committed to the process. Therefore if either party decides not to proceed collaboratively, each party has to hire a new attorney and essentially start over. If the divorcing couple is willing to act in good faith, then the collaborative model can be a good way to reach an agreement that is mutually acceptable to both parties.
Mediation can be a good approach when there is no imbalance of power between the parties and they are comfortable negotiating directly with one another. As long as the parties are able to identify the issues that need to be resolved and select an experienced accredited mediator, they should be able to reach an Agreement that is best suited to them and their children. Each of these approaches allow the parties to retain control of decision making help to preserve the heath and well-being of the parties and their children as they transition through divorce.
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Contact our office at 973-425-9001 or submit a contact form to schedule a consultation to determine whether this approach is appropriate for you or whether another alternative dispute resolution method is better suited to your particular needs and circumstances. Patricia E. Carney.Esq. can provide you with the information necessary for you to make an informed decision about what is best for you and your family.