Conventional Divorce
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Mediated Divorce
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Strict adherence to existing judicial codes and criteria.
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Using existing codes along with subjective considerations as determined by the interested parties and their Mediation specialist.
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Negotiations focused on the past conflicts and negative experiences of the parties involved.
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Emphasis on the best interests of all parties moving into the future.
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Representation by a professional expert in the field of divorce from solely a legal standpoint.
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Same legal representation with the added benefit of a holistic person-centered approach to problem solving, parenting plans and assistance with financial planning.
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Emphasis on individual loss/gain, a series of proposals and counter-proposals often resulting in one or both parties feeling bitter and resentful.
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All parties participate in productive discussion with the mutual goal of equity and fairness.
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Equitable distribution based upon statutory criteria for dividing property.
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Impartial financial planning to help both parties plan sound financial futures.
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Often acrimonious debate of the competence and fitness of one parent over the other.
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Emphasis on the best and least-disruptive arrangement for the child(ren). Focus on cooperative parenting.
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Use of civil discovery procedures to obtain information and documents when a voluntary exchange does not suffice.
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Contractual agreement to exchange information and documents that are reasonably necessary to the process.
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Litigation and negotiation strategies; use of court procedures to influence settlements.
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Cooperative strategies to seek common ground and to achieve win-win solutions.
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Formal drafting based upon a standardized format utilized by legal professionals.
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Drafting in understandable modern English; Collaborative revision process.
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Risk of unwelcome outcomes in the court of law.
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Controlled outcome; a fair and workable settlement.
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