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How does non-litigated divorce work? |
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First, you and your spouse
each choose an attorney trained in
alternatives to litigation. This does not
rule out litigation as a resolution method.
It simply gives you more choices and control.
Second, you and your spouse
agree on the approach most appropriate for
your family’s situation. If you cannot agree
on an alternate method, a family court judge or
magistrate will make decisions for you.
Third, you move forward and work on resolving your matters.
Fourth, your settlement
agreement must be presented to the court for
approval. |
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You get the best results when
you get involved
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You and your spouse
might be able to come to an
agreement with a minimum of help.
The more contested the issues or the
more one spouse is willing to take
advantage of the other’s hurt, guilt
or timidity, the more you’ll want
increasing involvement of your
attorney and neutral third parties
to protect you.
You can use
different methods for different
parts of your divorce: one for
property division, another for
custody. With some exceptions, you
can switch methods at any time.
Because different situations call
for different methods, the Center
trains attorneys in a number of
techniques. |
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Resolution methods |
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Approaches are listed in
order of the most personal involvement and
control to the least. Your attorney can help
you decide which is appropriate for
you.
As you move down the
list, the more power neutral third parties
such as arbitrators and judges have to make
binding decisions. |
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Mediation:
You and your spouse work with a
mediator to resolve differences.
Before, between and sometimes during
sessions, your attorney can guide
you on your rights and obligations.
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Collaboration:
After committing to not threaten or
resort to court intervention, you,
your spouse and your attorneys
contract to resolve issues in a
win-win manner without a mediator.
The attorneys also commit to
withdraw from the case if a
settlement is not reached.
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Principled
Negotiation: The couple and
their attorneys set a time frame and
ground rules to resolve issues on
their merits without a mediator,
looking for mutual gains whenever
possible. You may ask the attorney
to negotiate without you.
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Facilitated
Negotiation: The couple and
their attorneys agree to a
structured negotiation with the aid
of a neutral third party who
oversees the process, may settle
certain issues and assists in
bringing closure to the negotiation.
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Arbitration:
The couples and their attorneys
present evidence in a streamlined
manner to a neutral person or panel
for either a binding or a
non-binding decision.
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Parenting Coordination: Parenting Coordinators work with high conflict families to help
them resolve their conflicts so their children are not caught in the middle of the conflict.
The role of the parenting coordinator is to assist in the implementation of the current
judgment entry, not create new agreements. A parenting coordinator first mediates the
issues of the parents. In the event the parents are unable to resolve their issues on their
own, the parenting coordinator will make a binding decision.
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Litigation:
The Center recognizes that in
certain circumstances, litigation
remains the most appropriate process
for dispute resolution. |
For more information,contact us at the center.
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