Phoenix Collaborative Divorce vs. Mediation
Divorce litigation in Arizona can be costly both financially and emotionally but there are alternatives, including collaborative divorce and mediation. Because they are distinct forms of alternative dispute resolution that involve unique challenges, it is wise to consult with an experienced divorce attorney.
At Cohen Family Law, we work to help families navigate difficult transitions in a caring, efficient manner. Although collaborative divorce and mediation are designed to be more amicable ways to end a marriage, the parties must be able to put aside their differences and negotiate in good faith for either to be successful.
This is where our collaborative divorce and mediation attorneys can make a difference. We have the specific training and experience necessary to help you avoid a protracted legal battle and achieve a positive outcome without court intervention. Contact our Phoenix office today to learn how we can help.
What is the difference between collaborative divorce and mediation?
While collaborative divorce and mediation are both alternatives to divorce litigation, the former is a more formal process that requires legal representation, while an attorney does not participate in the latter. They are similar in that both require the parties to work together to dissolve their marriage. If the parties cannot come to terms through collaborative divorce or mediation, however, the divorce will require legal action and court intervention.
In any event, the best way to navigate divorce in or out of the courtroom is to have the compassionate, efficient representation we provide. Our collaborative professionals have a well-earned reputation as well-informed advocates who always work in the best interest of our clients. Trust the team at Cohen Family Law to stand by you every step of the way, helping to take the stress out of the process, and working to set you on a path to the future.
When to Consider Collaborative Divorce in Arizona
If you are considering divorce and looking to avoid litigation, collaborative divorce can help to reduce the tensions typically associated with divorce and all that a marital breakup entails: property division, spousal maintenance, child custody, child support, and other salient issues.
To engage in collaborative divorce, both spouses and their attorneys must agree in writing to negotiate the divorce and not to seek judicial intervention. The parties must also agree to exchange relevant information in good faith. This means that they agree not to conceal assets or make misrepresentations.
A collaborative divorce involves an interdisciplinary approach that draws on the expertise of trained mental health professionals, accountants, and financial advisors who collaborate with the spouse’s attorneys to resolve a wide range of issues, including:
Ultimately, collaborative divorce requires the spouses to communicate in a way that advances the objectives of the divorce and to work together to reach an agreement. The process is particularly well-suited for couples who prefer to end their marriage amicably and intend to co-parent their children.
While the parties agree not to seek court intervention, this doesn’t mean that they waive any of their legal rights. If the collaborative divorce process is unsuccessful, the parties retain the right to litigate, in which case they must hire new attorneys.
Our firm has extensive experience handling collaborative divorce for clients throughout Arizona. By working with a respected network of counselors and financial specialists, we will help you navigate the process and get through this difficult family transition with dignity and compassion.
Is divorce mediation right for me?
Mediation is an alternative method for resolving all types of family law issues, including divorce, without court intervention, but mediation is less formal than collaborative divorce. In divorce mediation, the parties enlist the services of a neutral third party, known as a mediator, to help them balance their needs in resolving the key issues of issues divorce. The mediator, who is typically a licensed family law attorney or professional counselor, guides the parties through the process but does not provide them with legal advice.
Mediation involves a series of 3-6 sessions in which the parties work out the details of dividing marital assets, parenting time, and child support. Because mediation does not involve filing legal papers or making court appearances, it can be far less expensive than litigating the divorce. If the parties reach an agreement, it must be approved by the court before a divorce will be granted.
Our family law attorneys have a well-earned reputation as trusted advisors who work to help our clients find real-world solutions and guide them through the divorce process. Lead attorney Mitchell E. Cohen focuses most of his practice on helping families avoid protracted litigation through collaborative divorce and mediation. When you become our client, we will take the time to learn about your family, explain the collaborative divorce and mediation processes, and work to help you move on to the next chapter of your life.
Contact Our Experienced Arizona Collaborative Divorce and Mediation Attorneys
Whether you are considering divorce or facing any other family law issue, turn to Cohen Family Law. We will offer you a secure environment in which you can make informed decisions about your family and your future. Contact us today to schedule a consultation.