| Frequently Asked Questions Why should I consider Collaborative DivorceSM? Collaborative DivorceSM offers separating and divorcing couples a structured, non-adversarial settlement-oriented alternative to going to court. Highly skilled professionals and the couple form a team which allows the couple to make all decisions surrounding their separation and divorce. What is the difference between Collaborative DivorceSM and mediation? Under the prevailing model of family mediation used in Louisiana, there is one neutral mediator who assists the disputing parties in settling their case. This ordinarily occurs after the case has been prepared for trial, adversarial discovery has been conducted, and the parties' positions have been "polarized" for forensic presentation to the court. The parties have already suffered most of the financial and emotional trauma of a traditional divorce at this stage of the proceedings. If one side or the other becomes unreasonable or stubborn, or simply does not want to settle the issues without a trial, the mediator has no choice but to terminate mediation and send the parties to ultimate confrontation. In some cases, one or both of the parties don’t have attorneys, and do not receive professional advice regarding their legal rights and settlement options. The mediator cannot give either party legal advice or dictate a decision. Collaborative DivorceSM is designed to protect the rights of each party, while keeping the same commitment to settlement. Each side has professional legal advice and advocacy at all times during the process. The parties, their attorneys, coaches, financial specialists and child specialist function as a settlement team. When particularly tough issues arise, it is the job of the team to ensure that the process stays positive and productive - focused on acceptable resolution rather than "winning" or "losing." What happens if one side or the other is dishonest in some way, or misuses the collaborative process to take advantage of the other party? The collaborative agreement helps guard against such abuses. The collaborative agreement requires collaborative professionals to terminate the collaborative process if either is being dishonest, is using the process to unduly delay resolution or is not participating in good faith. It is in the best interest of all parties to remain honest and allow the process to work. |
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| Collaborative Professionals Group of Southeast Louisiana |