Often times spouses in a marriage know the marriage has failed but stay together to avoid the painful process of divorce. Some do it to “protect the kids”. Some do it because they are paralyzed by the fear of an open, and often public, airing of the details of their personal lives. And others stay married because they believe there is no alternative to a litigated divorce.
Good news! Collaborative Law is a process for divorcing in Texas which allows couples to end the marriage in a respectful, controlled, and individualized manner, opting out of litigation. In a Collaborative Divorce the team assembled focuses on helping the parties discover the best way to bring the marriage to an end and move forward. And, when children are involved, the process recognizes that long after the divorce, relationships, obligations and decisions related to parenting will continue. This is done through the creation of a safe environment for parties to express, negotiate and resolve conflict without a war (or litigation). The efforts and resources of the parties are used to develop solutions as unique as the family rather than hashing old disputes or pointing the finger.
For more information on Collaborative Law, contact our office for a low cost consultation with Lee Owens and visit http://www.collablawtexas.com.
Mediation is a process where two or more individuals or business entities with a disagreement or conflict engage in negotiations with the aid of a trained mediator. The role of the mediator is not to impose a solution but to help the parties communicate and ultimately fashion their own resolution. Mediation has a structure, timetable and dynamics that “ordinary” negotiation lacks. The process is private and confidential and when compared with the cost of litigation, quite economical, both financially and emotionally. When settlement is reached, the resolution is binding, putting an end to the turmoil and uncertainties. Mediation is often a pre-requisite to bringing a litigated matter to trial. Mediation can be conducted with or without each party having legal counsel however the mediator can not offer legal advice. The mediator must always be neutral and unbiased. Mediators are only as successful as their education, training and experience allow. And in our opinion, utilizing a mediator with education, training and experience in the subject matter of the dispute, enhances the process and likelihood of resolving the issues to the satisfaction of all involved.
If you have a good understanding of the unresolved issues, have had the opportunity to get any legal advice you deem necessary, and see the benefit of reaching a resolution, mediation may be a good solution. Contact our firm to obtain more information including the cost of hiring a mediator.