Resolving Issues Through Divorce Mediation or Collaborative Law
Although it is common for a divorcing couple to disagree on key issues, this does not have to mean a bitter, drawn-out legal battle is unavoidable. Clearly, if you saw eye to eye on everything, there is a good chance you would not be moving forward with a divorce. However, many find that the collaborative law process or mediation can be an effective way to reach agreement on outcomes that both of you can accept.
At The Oncale Firm in Birmingham, Alabama, we are versed in several proven ways of helping people come to terms without resorting to contested divorce. If your concerns include containing costs and minimizing the emotional toll on all concerned, please contact us today. Experienced attorney Shane Oncale will evaluate your situation and help you consider methods of alternative dispute resolution (ADR) that may work for you.
Mediation as a Practical Way to Resolve Disagreements
It is a common scenario for divorcing couples to agree on most issues, but have a few — often involving marital property division or other financial concerns — that stand in the way of an uncontested divorce. It is often practical to take these issues into divorce mediation, where both parties can present their views and work toward a settlement. In fact, nearly every judge in Alabama will order mediation before a divorce goes all the way to court.
Collaborative Divorce: Another Approach to Resolving Major Issues
Collaborative law is a somewhat different approach that is becoming more common. Essentially, if you and your divorcing spouse have issues to resolve — but are both committed to maintaining communication and doing so in a civil fashion — you may want to consider collaborative divorce. You and your respective lawyers will meet, decide on ground rules for the session, and agree to work in good faith toward a mutually acceptable settlement of issues.
Frequently, accountants and other qualified experts are asked to present their analysis and views to support this process. It is important to recognize that if collaborative law negotiations break down, all attorneys involved are required to withdraw their representation.
Every issue that is traditionally covered in divorce, such as division of marital property, child custody and visitation, child support and alimony/spousal support, can be handled through divorce mediation or collaborative divorce. To begin evaluating your options, please contact our office and request your free consultation.
