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Collaborative Law
Cooperative Parenting
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Know
Your Options |
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As
you can see on the page of class
reviews, one of the most
frequent complaints we get about the
Children in the Middle co-parenting class is, "I
wish I had attended this class sooner." If you
are thinking about seeking a legal solution for children
growing
up between
two homes, consider taking the class as your first
step.
The class not only addresses succesfully strategies for raising
children between two homes, but we also address options that
are available for to resolve family legal matters.
Family law matters are not limited to divorce. Other family
law matters include:
Formalizing the legal plan for children growing up in two
homes
Child Support
Modification
Pre-Marital Agreements
Marital Property Agreements
Protective Orders
Termination of the Parent-Child Relationship
Adoptions
Complex Property Divisions
Co-parenting Schedules
Grandparent Rights
Emancipation
Paternity
Most families are familiar with litigation as an option.
But many are not familiar with the many other options
to resolve family
law matters prelitigation, during litigation, or post litigation:
Kitchen Table Approach
This involves direct negotiation between family members without
professional involvement. They may design their own co-parenting
plan. This works well if the family members are at a
high-functioning point
in their lives and are effective in communications with
each
other. The family members reach agreements and draw up these
agreements in a document. They then take this document to
an attorney who draws it in to a legal
document which the family submits to the court.
Cooperative Parenting
Sometimes families reach impasses that prevent them from resolving
co-parenting challenges. A confidential process where families
can meet with a facilitator to develop a written parenting plan.
The professional
is able to
provide
recommendations
and relevant information in order to assist in the formulation
of a plan in the best interest of children. With the work of
the facilitator the parents develop a co-parenting plan that
outlines current and future details regarding how you are
going to raise your child between their two homes can reduce
complications. They then take this document to
their attorneys to seek input and convert it to a legal
document which the family submits to the court and they may resolve
other legal matters by the other means listed below. To meet
with a co-parenting specialist,
click on cooperative parenting link.
Early Intervention Mediation
A confidential process where the family members work together
with neutral mediator to craft a legal plan; however if the
family
members
have
attorneys
they can consult with counsel between sessions. This method
does not necessarily include attorneys and can be done before
a divorce is filed. The mediator meets with the parties
in joint sessions (or a series of joint sessions) where the
mediator assists each party in communicating their interests
and needs to each other, facilitates negotiations between
them and drafts a written agreement. The sessions
are generally two hours long and several sessions may be
required before an agreement is reached on all disputed issues.
In between sessions, the parties would consult with their
attorneys, if any, a co-parenting specialist, and/or financial
planner. At the end of the process, a settlement agreement
is prepared.
The
attorney(s)
for the parties then prepare the necessary court documents
to finalize the uncontested legal matter.
Mediation-
Mediation
is a confidential interest-based process conducted by a trained,
impartial third party (The Mediator) whose role is to assist
two (or
more) parties to a dispute in reaching an agreement. Attorneys
for both parents are typically present during sessions. Mediation
may occur with both parents in the same room at
all times,
separated at all times in a “caucus” format,
or a combination of these options. In some cases, when the
parents cannot reach an agreement on issues they are attempting
to mediate, the matter may be arbitrated which
is another alternative, but is less commonly used in family
law matters. Arbitration similarly involves
a trained, impartial third party (the Arbitrator) who listens
to each party's case and makes decisions on any contested
issues, similar to a Judge but in a much less formal atmosphere.
In some states, arbitration is binding on the parties only
where they have agreed in writing to be bound by the result.
Collaborative Law-
A confidential process in which both parties retain separate lawyers
whose primary role in advocating for their client is to help the
parents resolve issues. The parents and their lawyers sign a collaborative
law participation agreement, in which they agree to communicate
respectfully and be totally cooperative in providing information
needed for resolution. The attorneys also agree to withdraw if
one party is not operating in good faith. A team model is often
used in which communications facilitators, financial planners,
and child specialists are included in the team working with the
family to create a successful plan. Please click here
for more information on collaborative law.
Even when parents are highly conflicted, options exist:
Parenting Coordination-
A service that is typically court ordered as a child-focused alternative
dispute resolution process in which a specialized professional
with mediation training and experience assists high conflict parents
to implement their parenting plan by facilitating the resolution
of their disputes, educating parents about children’s needs,
and with prior approval of the parties and/or the court, making
decisions within the scope of the court order or appointment contract.
This process may be confidential
and in some cases non-confidential.
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