Collaborative divorce is one of the newest methods of alternative dispute resolution, which has grown in popularity among couples over the past few years.
What makes it so popular?
In short, collaborative divorces are designed to avoid litigation and the aggressive confrontational tactics used in traditional divorces.
Rather than butt heads with your spouse and his or her attorney, causing even more stress and confrontation for everyone, collaborative divorce resolve conflicts through direct cooperation with the help of experienced Wisconsin divorce attorneys.
What is collaborative divorce in Wisconsin?
In the simplest terms, collaborative divorce is a form of alternative dispute resolution (ADR) in which each spouses’ lawyers help their clients resolve conflicts that are keeping the divorce from proceeding.
Typically, both parties agree that litigation will not be part of the negotiation and instead, rely on the attorneys’ cooperative techniques to reach solutions amicably.
For many couples, it’s a sensible way to try to resolve problems without turning to litigation. But for some, the issues can prove too difficult to be solved through negotiations alone. For this reason, both spouses and their lawyers enter into a Participation Agreement.
What is a Participation Agreement?
The participation agreement clearly lays out the commitments each party has during the collaborative divorce proceedings.
By entering into it, each party agrees that if a settlement isn’t reached collaboratively, the attorneys will then withdraw from the process and excuse themselves from any litigation that comes afterward.
If you’re considering which path of action to take with your divorce, we’ve compiled 5 potential advantages to pursuing a collaborative divorce in Wisconsin.
1. More cooperation and less stress
Unlike litigation, the Participation Agreement clearly lays out a common set of rules governing how you, your spouse and the attorneys involved will interact with one another. This reduces aggressive behavior and aggressive strategies present in more traditional divorces.
2. Generally less cost
Most often, any form of cooperative resolution will prove to be less expensive than a highly contested one that ends up in the courtroom.
3. A generally faster process
While some divorces can last months, most collaborative divorces reach a resolution within four to 10 meetings.
4. More control
Collaborative divorce lets you and your spouse decide the future of your parenting and financial arrangement, not a judge.
5. The assistance of an attorney
Collaborative divorce allows both parties to benefit from the counsel of skilled family law attorneys without pinning them against each other in contentious litigation.
If you’re interested in mediation as an alternative dispute resolution option, click here for a free consultation with The Fitzgerald Law Firm. You will receive an attorney who is a Certified Mediator, a Certified Arbitrator, and a Certified Family Mediator/Expeditor.
At The Fitzgerald Law Firm your initial consultation is always free and you will always meet directly with one of our attorneys. We understand that appointments during traditional working hours may not be convenient for all, and thus we strive to be available for evening, weekend, and off-site appointments. Contact us today to schedule your free consultation.
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