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Collaborative Law vs. Divorce Mediation in Family Law

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:

 

What Kind of Family Law Attorney Are You Looking For?

By Family Law Attorney Tom Marks

Some people want an experienced, more expensive Family Law Attorney and some people want a newer, less expensive Family Law Attorney. Some people want their attorney to be a “bulldog” and some people want someone who cares about them and their future.  Is it possible to get all of these in one Family Law firm? Let’s explore this question.

The Marks Law Firm has several attorneys, with professional rates ranging from $275 to $450 per hour. We also have attorneys with experience levels from 3 to 44 years. The Firm has an experienced team of paralegals with rates of $125 per hour.

So how do you put all of those fees and costs together in the most cost effective, efficient and strategic way? The answer is that we work as a team. The paralegals support the attorneys and do whatever they can under the supervision of the attorneys to keep costs down.

For those looking for a more cost effective source of representation, we pair the paralegals with the more entry-level attorney(s). On bigger more complex cases we utilize the more experienced attorneys along with the paralegals and if necessary the more cost effective younger lawyers.

Of course we have administrative support staff including our Receptionist, Office Manager and Marketing Director.  This provides administrative support that includes having non-legal client questions answered without charging the client. In addition, we bring the client on as part of the team with the paralegals, attorneys and support staff.

The client knows the facts as to what has occurred in the marriage and leading up to the Dissolution of the Marriage, Paternity action or any other family law matter we might be handling for them. I like to say we “row the boat together” or we “plow the field together”. That way the client, as part of the team, works in unison with the paralegals and attorneys in a very collaborative and synergistic way. I have found this team effort to be a great way to be on the same page with the client in presenting our case in Mediation, to Opposing Counsel or to the Court.

We make every effort to resolve each client’s case in an amicable and an uncontested fashion. However, when we find the other side being completely unreasonable and unwilling to resolve the family law matter in a positive realistic way, we are experienced enough and ready to litigate our clients case to the fullest.

You might call that, “being a bulldog,” we would call that “representing our clients zealously”. So we are able to provide the whole range of family law services and competencies to the Client, bringing the Client on to the team of Attorneys, Paralegals, Legal Assistants, and Administrative support staff. Simply put, we care deeply about our Clients. We want to see them better off for having been represented by The Marks Law Firm. We strive to represent our clients with integrity, excellence and devotion. Our clients are our mission.

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Practice Areas

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

Thomas D. Marks

Attorney Thomas D. Marks

Tom is the founding partner of The Marks Law Firm, P.A. – Family Law & Divorce Attorneys. With more than 37 years of experience practicing law in Central Florida, Tom zealously represents his clients with integrity, dedication, and personal attention. Tom has built a solid reputation with his clients, colleagues, opposing counsel, and the Courts of Orange, Osceola, Lake, Brevard, Volusia, and Seminole Counties.

It is Tom’s mission to be the best small family law firm in Central Florida.  He is dedicated to excellence and has built a great team of attorneys, paralegals, legal assistants and support staff at The Marks Law Firm, P.A. – Family Law & Divorce Attorneys. Tom is committed to his clients, their well-being, and their goals. He sees success as a journey built on integrity, excellence and hard work. Tom cares deeply about his clients, their children, and their future success and significance.

If reconciliation is possible, he will support those efforts and what is best for the family. If he is called on to represent his clients’ interests in Court, a Collaborative Case, Mediation, or elsewhere, he will be a zealous advocate, negotiator and wise counsel.

Tom has actively volunteered his time and efforts in the Orange County Bar and has taken over 28 pro bono Legal Aid Society cases to represent those who could not afford an Attorney. Tom has volunteered over 200 hours of professional services in pro bono work.

Tom is active in the community and in his church.  He frequently speaks at various Divorce Care groups in Central Florida and he has focused his time, efforts, and practice in family and marital areas of the law. In 2011, Tom was recognized as Outstanding Chairman by the Orange County Bar Association as chair of the Family Law Committee.

Tom and his wife Linda have been married over 34 years and have two adult children, Rebekah and Daniel. To learn more about Tom and his passions beyond family law, click here to read the latest Healthy Lawyer Blog.

Bar Admissions

  • Florida, 1986
  • Family Law Section
  • Solo & Small Firm

Professional Memberships & Activities

  • National Association of Divorce Professionals Downtown Orlando Chapter, 2017 – 2023
  • Director, 2017 – 2023
  • Florida Bar Ninth Circuit Grievance Committee, 2013—2016
  • The C12 Group, 2011—2019
  • Central Florida Collaborative Law Group, 2009—2017, 2020 – Present
  • Family Law Inns of Court, 2005—Present
  • Master Level
  • Central Florida Christian Chamber of Commerce, 2003—Present
  • Orange County Bar Association, 1986—Present
  • Christian Legal Society, 1983—Present
  • Family Law Executive Committee, 2003—2011
  • Chairman, 2007-2011
  • Daetwyler Shores HOA, 1998—2006
  • President, Board of Directors, 2005—2006
  • Academy of Florida Trial Lawyers, 1990—2000
  • Florida Hospital East Orlando Foundation Board, 1993—1997
  • Chairman, 1996—1997
  • Vice Chairman, 1993—1995
  • Orange County Animal Service Advisory Board, 1992—1997
  • Chairman, 1994—1997
  • Association of Trial Lawyers of America, 1991—2003
  • Winter Park Pines Community Association, 1987—1994
  • President, Board of Directors, 1992—1994
  • Christian Conciliation Service of Central Florida, 1988—1992
  • East Orlando Civitan Service Organization, 1988—1990

Recognitions & Speaking Engagements

  • Guest on Inside Look by Brooks Podcast, 2022
  • Featured Speaker at FAMU Christian Legal Society Event, 2019
  • Guest on Chasing Wisdom Podcast, 2018
  • Featured Speaker at Central Florida Christian Chamber of Commerce November Luncheon, 2017
  • ED Talk Speaker at August NADP Downtown Orlando Chapter Meeting, 2017; May NADP Downtown Orlando Chapter Meeting, 2020
  • “10 Best” Client Satisfaction Award from American Institute of Family Law Attorneys, 2014 – 2016
  • Presenter at the 2010 Christian Legal Society National Convention
  • OCBA Outstanding Committee Chair, 2010 – 2011
  • Orlando’s Top Lawyers, 2010, 2013
  • Published in The Builders magazine, July 2016
  • Published in Orlando Home & Leisure
  • Regular speaker at Divorce Care Groups throughout Central Florida
  • 1st place Dean Maloney Memorial Writing Contest, 1986 – Statewide competition and published on front cover of the Florida Bar Journal in 1986.

Education

  • University of Florida, B.A. 1981
  • University of Florida School of Law, 1985
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