Law Blog

Why Mediation?

Posted by on Jun 12, 2017 in Blog Post | 0 comments

Ultimately, we find that mediation is an excellent fit for those who would like to retain control over the final decisions in their divorce and, with the help of a mediator, are able to work with their spouse to compromise and reach agreements that are acceptable to both. The neutral party is able to facilitate and guide you through the process and draft your final documents.

At the end of the day, the mediation process helps to preserve a workable relationship between the two parties. There can’t be enough good said about this, particularly for those couples who still have children at home and will need to continue communicating in the future. It is a process that addresses not only the legal and financial aspects of your case, but also the emotional ones; it is designed to keep everyone working with, rather than against, one another. The fact is divorce is hard – there’s no reason to make it harder.

Mediation

Posted by on May 30, 2017 in Blog Post | 0 comments

If you find yourself either considering or simply facing a dissolution of your marriage, the traditional image of divorce – two couples fighting in court while a judge makes the final call – is no longer the only option you have. Cromwell Law specializes in non-traditional divorce, which is designed to decrease the costs and keep more of the decisions under your control.

On one end of the spectrum of non-traditional divorce you have the do-it-yourself types, who are able to come to much of the decisions themselves, and may only need a lawyer to offer advice, explain the process, or either draft or simply check over your final documents. On the other end is collaborative divorce, where you have a team that helps you and your spouse resolve your divorce out of court.  The team includes you, your spouse, your attorney, your spouse’s attorney, a neutral mental health coach and a financial planner.  

In between those two options is a third one, which we’ll be highlighting in our next blog series: mediation. In the mediation process, a lawyer is hired not on behalf of one spouse or the other, but to act as a neutral facilitator in your meetings, as you work through all of your divorce decisions.

Divorce Options: Litigation

Posted by on Apr 24, 2017 in Blog Post | 0 comments

Traditional divorce depends heavily on litigation to force a divorcing couple into agreement over the terms of their divorce. Each spouse hires an attorney to fight on their behalf, to gain the best deal they can while protecting their assets and their time with their children. Spouses are not required to talk to each other during this process. If spouses cannot agree on a final settlement the case goes to court and a judge will decide on the terms of the divorce for them. The most expensive option, neither spouse ultimately has much control over the final results, though traditional divorce is still the best choice for those who need the protection of litigation (often because of major power imbalances in their relationship, the most extreme example of which is domestic violence) or for couples who simply cannot agree on anything.

Divorce Options: Collaborative Divorce

Posted by on Apr 17, 2017 in Blog Post | 0 comments

Collaborative Divorce uses the format of negotiation, rather than litigation, to problem solve a divorcing couple’s disputes. First, both parties begin by hiring private collaboratively trained attorneys and meeting with them separately to discuss their wants and needs. Then the couple will meet independently with a neutral mental health coach, who will discuss some of the emotional aspects of divorce. Then both spouses, their attorneys, the neutral mental health coach, and the financial planner all meet as a team to resolve the families’ disputes. To keep the negotiations a collaborative team effort between all parties, clients and attorneys sign a “no court” agreement in which they agree not to threaten each other with litigation. By keeping out of the court system, you and your spouse retain primary control over your divorce rather than turning over your decisions to a judge.

Divorce Options: Mediation

Posted by on Apr 10, 2017 in Blog Post | 0 comments

Mediation uses a neutral facilitator (the mediator, who is also often a lawyer) to guide the divorce negotiations from the beginning. Depending on the complexity of your case, the mediator may recommend – or you may request – that additional professionals join the process, such as financial advisers and parenting experts. You retain major control of your divorce, as you can move at your own pace. Mediation is a particularly good fit for couples focused on co-parenting, who need to retain an amicable relationship with their spouse even after the divorce is finalized.