Most people want to avoid having to go to court to arrange their divorce. Mediation is a process that allows the parties to devise their own solutions with the help of a neutral facilitator who structures the parties’ approach to the issues that must be addressed. Harriette is an experienced mediator and offers her services to clients who want to proceed in a mediated setting and achieve an out of court resolution. In her role as a neutral mediator between the parties, she does not represent either party, but is more like an “umpire” in the process.
Harriette can also be retained to act as an advisor in connection with an ongoing mediation. It is important that a person engaged in the mediation process be informed about the law; knowledgeable about the issues that need to be resolved; and has clearly identified his/her individual goals. In acting as an advisor, Harriette can facilitate how her clients think about these matters. She has found that clients who enter the mediation process with an advisor tend to have better agreements.
Collaborative Practice can best be described as an interest-based negotiation that occurs between the parties. This process is best suited for those who would like to proceed in a non-litigation environment, but who want attorney representation in that process and wish to create an all-inclusive plan for how they will proceed as they enter the next phase of their life. This process can also be used to address pre/post nuptial agreements, domestic partnership agreements and conflicts which occur after a divorce.
The parties engaged in the Collaborative Process will be informed about the law concerning each issue; however, the law may or may not be the standard that the parties use to resolve issues between them.
Among the benefits of the Collaborative Process is that each party’s attorney works as part of an interdisciplinary team of health care professionals and financial neutrals. The health care professionals are licensed health care individuals who identify impediments to the process and/or raise certain emotional concerns that need to be addressed. The financial neutral assists the parties in analyzing current spending and saving practices and prepare future budgets for the two new households that will need to be supported.
In resolving family related disputes in the collaborative model, the parties are able to achieve results that are based on their mutual concessions and family’s shared interests.
Some matrimonial matters have situations that are better suited for traditional litigation. When we consult with someone who has this type of matter, we refer this client toward a court controlled process.