There were two mediations this month that grabbed my attention since they were so similar. Both involved one party being without an attorney. Mediations without attorneys can be challenging since the mediator in their role of neutrality cannot give legal advice. What was strikingly similar was that in both cases the party without an attorney consistently hid behind what the truth was in some very significant areas that needed to be resolved. By not being honest with me made it impossible to to resolve the case. I couldn’t help but think how the Collaborative Process could have worked here.
For couples who decide to end their marriage, Collaborative Divorce avoids many of the pitfalls including game playing and deception that is not discouraged in traditional litigation. Transparency is one of the benchmarks of this process that allows the couple to exchange information freely and honesty. This is agreed to in writing before the process even starts. Any concerns about information not being shared is discussed with the couple and the collaborative team to make sure everyone understands how important being open and honest is toward agreeing on the issues to be resolved. The party without the attorney in mediation above would not be able to be less than truthful in the Collaborative process. They would have to step up to the table of truth although it may not seem to be in their best interest. Ultimately everybody wins by refusing to play the wicked games couples have been known to engage in during divorce litigation. Everyone putting their cards on the table creates an environment that is conducive to settlement and the couple getting what they really need. Collaborative divorce says “Let the games finally end”
This process works, this process is for you, this is Collaborative Divorce!
And as always in-joy the theme appropriate song and lyrics!