Divorce is always difficult, but the process doesn’t have to be adversarial. Alternative dispute resolution methods such as mediation and the collaborative divorce process can offer spouses an easier, faster, and less contentious way to divorce — and help to avoid the stress, time, and expense that can come with litigation. At The Law Offices of Rick D. Banks, our divorce mediation lawyer knows how emotionally overwhelming ending a marriage can be and assist clients with maintaining amicable relationships whenever possible while protecting their rights and interests in divorce.
Even if you and your spouse do not agree on all the issues that must be decided before a judge will sign your divorce decree, mediation can be used to help resolve them. Mediation is an informal process that takes place outside the courtroom. Rather than appear before a judge, couples work with a trained neutral third-party called a mediator who assists them with facilitating healthy communication and having an open and honest discussion.
Divorce mediation lawyer, Rick D. Banks, works closely with his clients during mediation to help ensure they receive all the advantages that can come with participation in the process. Specifically, mediation can offer spouses the opportunity to:
Although having the representation of an attorney isn’t mandatory to participate in mediation, it’s vital to understand that a divorce mediator cannot provide you with legal advice. This is why it is important for each spouse to have a divorce mediation lawyer by their side who has extensive experience in settling cases outside the courtroom. Rick takes the time to consult with his clients, learn about their goals for mediation, and prepare them for the process. He will also skillfully negotiate and review any settlement agreement that is entered into to ensure it is fair and avoids unforeseen consequences in the future.
Collaborative divorce is another method spouses can use to part ways in a non-contentious manner and avoid litigation. The collaborative divorce process is similar to mediation in that it takes place outside the courtroom and encourages spouses to resolve their divorce in a non-adversarial manner without judicial intervention. However, there are some critical differences that should be noted. With the collaborative process, a team of professionals is assembled to help the spouses reach a settlement agreement — depending upon the needs of the case, the team can be composed of financial neutrals, child specialists, and mental health professionals, along with each party’s divorce mediation lawyer.
This method of alternative dispute resolution comes with many of the same benefits as mediation, including cost-effectiveness, efficiency, amicability, and privacy. However, it’s crucial to understand that collaborative divorce is a voluntary process that begins with an agreement made between the parties and their attorneys that they will not resort to litigation. In the event one spouse no longer wishes to participate in the collaborative process, the parties will be required to retain new attorneys for litigation in the courtroom.
Rick is adept at finding effective out-of-court solutions for his clients, no matter how complex and contentious a divorce case might be. He assesses each client’s unique needs to determine the best approach in every matter. Whether mediation, the collaborative process, or litigation is the right course of action, Rick’s clients can rest assured knowing they have a caring and knowledgeable divorce mediation lawyer on their side who is dedicated to achieving a successful outcome.
Divorce is never easy, but you can help to reduce the stress and expense by utilizing a method of alternative dispute resolution such as mediation or the collaborative divorce process. It’s essential to have a divorce mediation lawyer with the experience and knowledge necessary to advise you regarding your legal rights and guide you through the process. With more than 20 years of experience in handling a broad scope of divorce cases, The Law Offices of Rick D. Banks is committed to assisting his clients with moving forward. To schedule a no-obligation consultation to discuss your case, call (559) 222-4891.