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Collaborative Law vs. Divorce Mediation in Family Law

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By Orlando Family Law Attorney Tom Marks

First, let me say that both the Collaborative Law Process and Mediation have their place and each can be very beneficial in the right circumstances. However, although they may appear similar at first blush, their focus and processes are different. Both attempt to help the Parties resolve their issues without formal litigation, with the goal being a Settlement Agreement in their case.

One calls that agreement a Collaborative Law Agreement and the other calls it a Mediation Agreement.

Let’s look at the differences.

Collaborative Law vs. Divorce Mediation

Mediation typically involves “positional bargaining,” while Collaborative involves mutual “goal setting.” An essential difference is that in Mediation the parties typically take their respective corners and usually start bargaining from polar extremes.

Each Party normally hopes to end up somewhere closer to the middle or, depending on his or her perspective, closer to their position.

In the collaborative family law, collaborative divorce or collaborative problem solving, the parties come together in a more transparent fashion. They outline their goals together and work together to find common purposes like “protecting the minor children.”

Another difference is the people involved. The Collaborative Process includes a team working together, not just the Clients and their Attorneys. The team includes a Collaborative Mental Health Professional and a Financial Collaborative Professional. These two professionals are considered “neutrals” and they do not advocate for one side or the other; they are part of the solution. And the attorneys, because they sign the Collaborative Agreement stating that they will not take the case to Court, are also vested in reaching resolution in the Collaborative Process.

One last important difference: although all Family Law cases in Central Florida are required to go to Mediation before they proceed to any contested Hearings, Collaborative Cases only proceed where both parties agree. There has to be some level of trust and willingness to be open and transparent for the Collaborative process to be effective. However, the potential benefits are tremendous for the parties, their children, finances and futures. But if the trust isn’t there or the Collaborative Process is not an option, Mediation is still far better than formal litigation, which usually results in substantial pain to everyone involved.

Check out this video of Attorney Tom Marks and Attorney Ronald Sims discussing Collaborative Law vs.  Mediation:

 

Orlando Collaborative Family Law and Professionalism

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By Orlando Collaborative Family Law Attorney Tom Marks

I believe that the vast majority of attorneys are caring and professional in their behavior and advocacy for their clients. In our adversarial system it is only natural though that by the end of the case, at least one of the parties will feel like they lost. That is especially true in Family Law, the area I practice in.

Of course, it doesn’t have to be that way and that is one of the reasons I have developed a Collaborative Family Law Practice where husbands and wives agree to work together to resolve the issues without having to take the case to Court.

Not only are both parties winners in Collaborative Law, because they avoided acrimonious Litigation, but also because both parents together have focused on their kids’ best interests.

I have actually participated in Collaborative Law Cases where both parties have felt like they are not only happy with the final results but that they believe they have done everything they can mutually to protect their children and to ensure that their children thrive even after the Dissolution of Marriage. They have chosen to love their children the most and to continue to be friends in order to co-parent their children in the most healthy and productive way possible.

A Word About “Collaborative” Family Law Attorneys

Attorneys who practice Collaborative Family Law are some of the most professional, ethical and caring lawyers I have ever met. The focus is no longer on litigation and winning at no small expense, financially, emotionally, psychologically and spiritually to the clients. And in  addition to the Collaborative Family Law Attorneys, there are highly professional Neutral Collaborative Professionals like the Financial Collaborative Professional and the Mental Health Collaborative Professional. They assist the clients and attorneys in putting together Equitable Distribution Worksheets and other financial documents as well as the Parenting Plan and other important documents in the case.

I am not saying that Family Law Attorneys involved in the Litigation aspects of Family Law are not for the most part Professional. There certainly are many. But those Attorneys who have decided to focus on Collaborative Family Law, do it I believe, because they care about the process of helping clients resolve their cases in the healthiest and most productive way possible.

Reaching a Common Ground

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By Family Law Attorney Tom Marks

I went this last week to visit Regent University in Virginia with my daughter and we went to an event called the “Clash of the Titans.” It was a debate from the political left and right moderated by Dana Perino, of the Fox news show called “The Five.”

The two conservatives, Newt Gingrich and Jay Sekulow debated the two liberals, David Axelrod and David Plouffe. The focus of the debate was on “Executive Powers” and involved some of the most divisive issues of our day, including Obamacare, the medical exchanges currently in disarray and the IRS targeting conservative political groups. Of course, issues like the recent partial federal government shutdown and the threat of defunding Obamacare were on the table for a potentially polarizing and out-of-control argumentative free-for-all.

However, even though the participants did not agree on many of the pressing issues facing America today, they maintained civility and respect for each other’s ideas, goals and positions. It made me think of The Marks Law Firm’s Family Law Practice and how even opposing parties in the Dissolution of Marriage Proceedings can still act civilly and seek common goals of protecting the minor children and properly co-parenting them into the future. I see those successes in my Collaborative Family Law Cases and even in the more traditional litigated Family Law Cases.

Even with gridlock in Washington DC, these politicians from opposite sides of the political spectrum could still agree to disagree in a debate on the issues and then sit down and have dinner together and try to reach common ground for the good of the country.

I believe parents should and can do the same thing even through a divorce, for the good of their minor children.

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Practice Areas

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Orlando Family Law – Orlando Divorce Lawyers – Orlando Family Attorney

The Marks Law Firm – Orlando Family Law Attorneys and Orlando Divorce Lawyers focus on providing service and support to families and individuals with family law needs in Orlando Florida.  Our practice areas include the following:

  • Adoption
  • Alimony
  • Assistance with Pro Se Divorce
  • Child Support
  • Collaborative Law
  • Contempt and Enforcement
  • Dissolution of Marriage (Divorce)
  • Domestic Violence Injunctions
  • Guardian Ad Litem
  • Legal Separation
  • Mediation
  • Modification (Post-Dissolution)
  • Parental Decision-Making and Timesharing
  • Parent Coordination
  • Paternity
  • Pre-Nuptial and Ante-Nuptial Agreements
  • Support Unconnected with Dissolution of Marriage