Alternative Dispute Resolution.
Alternative dispute resolution refers to the variety of ways that parties can use to resolve disputes without the need for a trial, including mediation, arbitration, neutral evaluation, and collaborative law. These processes are generally confidential, less formal, and less stressful than traditional court proceedings.
In Family and Marital Law matters, Mediation and Collaborative Divorce are the two most common forms of alternative dispute resolution. Gary Dolgin is a Florida Supreme Court Certified Family Law Mediator and an advocate of Collaborative Divorce.
ADVANTAGES OF MEDIATION
Mediating your divorce and other family law issues can be the least expensive method of separation and divorce. During mediation, couples meet and work together with their mutual mediator to develop a settlement that is fair and agreeable to both parties. When a settlement is reached, the mediator prepares a written settlement agreement which can be ratified by the court without the necessity of a contested divorce action.
HOW MEDIATION WORKS
Mediation is often used prior to filing for divorce in an effort to avoid the emotional and financial costs associated with lengthy litigation. Once a law suit has been filed, mediation can still assist the parties in identifying and resolving their disputes, and is typically required by the court prior to temporary relief and final hearings.
ROLE OF THE ATTORNEY-MEDIATOR
A mediator’s primary role during mediation is to facilitate discussion of the various issues related to your separation and divorce, to offer possible solutions, and to otherwise assist you and your spouse in reaching a full settlement on all issues. Once a settlement has been reached, the mediator prepares a written Mediation Agreement for the parties. As a Florida Supreme Court Certified Family Law Mediator, Mr. Dolgin will assist you and your spouse in reaching an amicable settlement.
THE MEDIATION CONFERENCE
During your mediation conference all issues related to your separation and divorce will be addressed, including but not limited to, shared parental responsibility, visitation, child support, division of marital assets and debts, alimony, child support and financial disclosure. The objective is to reach an agreement on all issues, so that the parties can move on with their lives. In cases where there are children, the parties are often better able to successfully co-parent and resolve their case through mediation rather than a contested acrimonious trial.
COLLABORATIVE LAW PRACTICE MODEL
A growing number of divorcing couples, along with other professionals such as divorce lawyers, mental health professionals and financial specialists, have been seeking a more constructive alternative to the traditionally litigated divorce. These professionals have developed the Collaborative Law Practice model.
WHAT IS COLLABORATIVE DIVORCE?
Collaborative Law Practice is a reasonable approach to divorce based on three principles:
– A pledge not to go to court;
– An honest exchange of information by both spouses; and
– A solution that takes into account the priorities of both adults and their children.
Mutual respect is fundamental for the collaborative process to work. When respect is given and received, discussions are more productive and an agreement reached more easily.
THE ROLE OF THE COLLABORATIVE FACILITATOR
Gary Dolgin is a proud member of Next Generation Divorce, The Collaborative Solution. Serving Tampa Bay, Next Generation Divorce is a group of divorce professionals, including attorneys, mental health and financial professionals, who help resolve divorce through a non-litigated, peaceful & respectful, team-based approach. Collaborative divorce professionals seek mutually beneficial results with you, your spouse and children in mind.
Contact Gary Dolgin today to learn more about the collaborative divorce process and understand its benefits for you and your family. Mr. Dolgin can connect you with other collaborative divorce professionals who can facilitate a collaborative divorce.