Monday, July 26, 2010

Collaboration is another

Most divorce cases still are handled in the traditional way, with lawyers on each side trying to get the best deal for their client, often through nasty disagreements over custody, child support, property settlements and finances. Divorcing couples typically aren't feeling friendly toward each other anyway, and contentious experiences in court can make those feelings even worse.

"It makes it almost impossible to have a civil relationship going forward. You don't forget what it's like to be cross-examined by your spouse's lawyer," says family law attorney John Zarzynski, who co-founded Agreement House. "It sets them up for years and years of not being able to communicate well."

Mediation is one kind of a friendly divorce. Collaboration is another, in which both parties retain their own attorneys but also use experts and work together for a solution for everyone. Couples don't set foot in court in either instance. Proponents say it reduces the emotional costs on everyone; both children and adults start their new lives on relatively stable ground.

No one keeps statistics on the number of mediated and collaborative divorces. But Zarzynski, during 31 years of practice, has seen the trend firsthand. When he started, mediated cases were rare. Ten years ago, he mediated about a dozen a year; last year, that number was 75.

A typical traditional divorce can stretch out for months — even years — and cost both parties $15,000 to $25,000.

Zarzynski says a mediated divorce, on average, costs $1,000 and takes 70 days, including the state's mandatory cooling-off period of 60 days.

A collaborative divorce involves more people — it may add a financial adviser, psychologist or divorce coach to the mix — so it costs a bit more than a mediated divorce. A 2004 study in Texas shows that instead of a typical 18-month, $14,000 process through litigation, a collaborative divorce took an average of 18 weeks and $9,000 to complete.

And a divorce with no kids involved and a do-it-yourself legal kit for $39.95 may run $500 with court fees.

Over the past 30 years, mediation's popularity has grown as an alternative to going to court across the U.S. in all kinds of legal disputes. In California, mediation is mandatory for contested child custody and visitation.buy ugg boots Classic Argyle Knit UGG Boots Ugg Stripe Cable Knit Boots And, in attempts to ease the negative effects of divorce on children, at least 28 states require divorcing couples to attend parenting classes that among other things teach the importance of parenting together.

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