Many Florida attorneys are claiming that their clients prefer the collaborative divorce process over the traditional litigation approach. This method is designed to make the divorce as painless as possible for divorcing spouses by presenting a more efficient approach. The process accomplishes this by providing the base for more open communication between spouses who are going through divorce.
Collaborative divorce incorporates professionals with knowledge in a broad range of disciplines. The process involves each party being represented by their attorney, as well as a variety of other types of professionals. Some of these professionals could include financial advisers, accountants, therapists and psychiatrists. The parties will consult these professionals as they see fit.
This process is similar to mediation in that the mediation process is also meant to attempt a settlement outside of litigation. However, the attorneys are usually not allowed to be present during the sessions with a third-party mediator. Each process has its advantages and disadvantages. Mediation is usually less expensive. On the other hand, many people feel more secure when their attorney is present during the negotiation process.
Despite an honest effort, sometimes the differences between the spouses in a divorce are too great for a settlement outside of court. Others may fear that their rights and interests may not be well protected in a mediation process. In these cases, it will be necessary to enter the litigation process. The litigation process may be longer and more complicated, but with proper representation litigants will be able to ensure their rights and needs are respected.
