This document discusses different options for divorce and compares their key aspects. It outlines five divorce options - limited legal services, mediation, collaborative divorce, cooperative divorce, and litigation. It then provides a table comparing these options based on whether they are settlement-oriented or adversarial, the level of attorney involvement, their emphasis on problem-solving versus blaming, and who has control over the process and outcome. The document also discusses factors that influence the costs of divorce and offers tips to minimize the emotional costs on children and families.
2. Limited Legal Services:
For clients who represent themselves, but utilize an attorney for specific services, such as reviewing legal documents or
for legal advice.
limited legal services
mediation
collaborative
cooperative
litigation
3. Mediation:
An affordable alternative where a mediator acts as a neutral third party who helps define and settle legal and other difficult issues
limited legal services
mediation
collaborative
cooperative
litigation
4. Collaborative:
A structured process to express and resolve conflict in a non- adversarial environment; the objective is settlement, not trial.
limited legal services
mediation
collaborative
cooperative
litigation
5. Cooperative:
A process with the features of a collaborative divorce that retains the option of going to court
if absolutely necessary
limited legal services
mediation
collaborative
cooperative
litigation
6. Litigation:
An adversarial process that turns to the court
to solve problems
limited legal services
mediation
collaborative
cooperative
litigation
7. Comparing Divorce Alternatives
limited legal services
mediation
collaborative practice
cooperative
litigation
Settlement Oriented or Adversarial, Depending on the Parties
Settlement Oriented; Affordable
Settlement Oriented; Affordable
Settlement Oriented if Clients and Attorneys Cooperate
Adversarial; Often Costly to Go to Court
Settlement Oriented or Adversarial?
8. Comparing Divorce Alternatives
limited legal services
mediation
collaborative practice
cooperative
litigation
Parties Represent Themselves
Neutral Third Party (Mediator)
Each Spouse Has Own Attorney
Each Spouse Has Own Attorney
Each Spouse Has Own Attorney in Court
Level of Attorney Involvement
9. Comparing Divorce Alternatives
limited legal services
mediation
collaborative practice
cooperative
litigation
Provides Legal Document Review and Preparation
Focuses on Problem Solving
Client-Focused Problem Solving
Legal-Oriented Problem Solving
Focus is on Grievances, Blame and Winning
Process Emphasis
10. Comparing Divorce Alternatives
limited legal services
mediation
collaborative practice
cooperative
litigation
Helps You Retain Control over Case
You Maintain Control & No Court Appearance
You Maintain Control & Usually No Court Appearance
Attorneys Keep Control and Use Court When Needed
Court Appearance & Gives the Judge Control
Who Gets to Decide?
12. How Can We Keep the Cost Down?
“Divorce Done Differently” begins with a client and one of our attorneys making every reasonable effort to establish an atmosphere of mutual respect and cooperation between all parties. In this environment, we usually find we can arrive at cooperative solutions and preserve each spouse’s dignity, resulting in lower conflict --very often at a reduced cost.
13. What Will This Cost?
Factors influencing what a divorce case will cost include the level of cooperation from both parties and unforeseen issues that arise during the divorce.
14. There are many
things a client can do to reduce the pain of divorce for you and your family. Our
attorney-mediators have many years of experience helping clients minimize the emotional toll of divorce.
What About the Emotional Costs?
15. To Minimize Emotional Costs, We Help People…
#1 Transition from Marriage Partners to “Parenting Partners.”
#2 Gain the other parent’s trust by keeping agreements and promises.
#3 Learn to keep money issues and children issues separate.
#4 Understand that saying bad things about the other parent hurts children, who love both parents.
#5 Let small irritations about the
other parent go. Stick to the big concerns and you’ll get more respect.
16. To Minimize Emotional Costs, We Help People…
#6 Learn to avoid putting children in the middle of adult disputes.
#7 Be positive role models for children. Focus on making the best of things and so will your children.
#8 Learn to cooperate. A cooperative environment between parents make children feel safe.
#9 See that having relationships with both parents is key; children suffer when divorce disrupts a relationship.
#10 Believe that simple courtesy
often is the best answer. Legal battles rarely help. Learn to get along.