Court-Based divorce
In court-based divorce, each person hires a lawyer, or the parties go forward without lawyers (called pro se). One party files a Complaint for Divorce with the Court. The Court schedules a case management conference to prepare a schedule for exchanging information and completing depositions and other discovery.   At the case management conference the Court also sets a date for a Pretrial Conference.   Often the parties and their lawyers will attend a hearing soon after the divorce is filed to establish temporary orders about child custody, support and other matters. These orders will be in place during the divorce process.  Even with the best of intentions, individuals often find their positions polarizing after the hearing to establish temporary orders when issues are decided for one person or the other.  Under the Court-established time standards, for fourteen months the parties work with their lawyers to gather evidence and prepare for trial while often simultaneously negotiating a settlement. Most court-based divorces--at least 95 percent--settle before trial, but the lawyers must always be preparing for a possible trial.  For this reason, the parties' resources are divided between trial preparation and negotiation. This type of divorce may be a good choice when the parties cannot trust one another to disclose information or bargain in good faith, where there is domestic violence, sexual abuse, mental illness or substance abuse.  Most other cases do not need this high-stress, high-cost method.

Mediation
In mediation, the parties meet over several sessions with a single mediator, who is neutral and does not represent either party. The mediator helps them resolve issues of child custody, support, division of marital assets and payment of marital debt. Each party may consult with his or her own own lawyer for advice and to review the final agreement if they desire. Usually, attorneys do not attend the mediation sessions, and the parties advocate for their own interests. Mediation does not focus on who is "entitled" but rather on identifying and providing for each party's interests. The goal is the cooperative resolution of the divorce without a trial. This method is generally faster and less costly than court-based divorce. Effective mediation requires that each participant be able to speak for their own interests, and that the participants be willing to listen, compromise, and consider the interests of the other party.

Collaborative Law
Collaborative Law is a new, highly structured method of dispute resolution without litigation. Each party hires a lawyer who is trained in the collaborative process. All participants agree that they will NOT go to court except to present the final agreement, that they will freely and voluntarily disclose relevant information and documents, and that they will bargain honestly, openly and in good faith. The parties may wish to hire neutral experts, such as divorce coaches, financial advisors, child specialists, real estate appraisers or tax planners to assist them where needed. Far fram adding to the cost of a collaborative divorce, these professionals help to streamline the process. Parties who work with a collaborative team usually reach a satisfactory agreement tailored to their individual needs at a lower cost and in a shorter time. If the team, which includes the divorcing parties, is unable to find a solution, then all members of the team are out of a job, and the parties resort to litigation with different lawyers.

Because the parties are not preparing for trial, they and their lawyers are free to devote all of their efforts to creating solutions that work best for them. People usually appreciate the privacy and control of this process, which, at its best, resolves not only the legal issues, but the emotional issues so that the divorcing couple can find a respectful way to relate to each other after the divorce.

To arrange for an initial client interview, use the Contact Me page, or call Eileen Sorrentino at 413-594-7500.