Collaborative Verse Litigation - Two Approaches In Helping Your Family
Florida law has created several ways for parties to resolve issues which may arise under family law.
Particularly in areas of dissolution of marriage or other areas of child custody disputes for premarital or postmarital agreements, Florida law has created a litigation track and a collaborative lost track and which parties may resolve disputes and help reorganize and reshape their family units.
Most people are familiar with the traditional litigation track for families who file for divorce, child custody or other family law issues.
In a litigation track, one party files a petition asking the court to either dissolve their marriage, modify a parenting plan or modify child support. The other party isn’t served using a process server the petition allowed a period of time to respond.
These petitions are filed in the public records and many times contain hurtful statements. The party was served then files a responsive pleading and answers the petition. A discovery process and follows each party is deposed and information is acquired and then the matter eventually is heard before a Circuit Court judge in the family division to resolve the issues.
For many people this process run smoothly and efficiently and without much conflict. However for others, the conflict is high and of litigation in the court system can be a great source of emotional and financial stress upon the party.
In contrast to litigation model, the collaborative model works an entire focus is to keep you and the other party out of the court system. Working with a collaboratively trained attorney and a qualified mental health facilitator, a team approach is undertaken to resolve the issues present. The process is confidential, transparent and guided by your interest in the matter and what is the most important to you.
Many families find the collaborative process is particularly effective when resolving issues involving children as the facilitator with his or her license mental health background is able to provide a valuable piece to the process and help reduce the conflict between the parties.
The most important thing you can do when considering filing a petition for dissolution or other family law action is to become educated about the two tracks available so the best approach can be matched to your family. I often share with my clients that it is much like wearing a high heel first a flat slipper. It is a matter of determining which shoe fits your foot best. Certainly selecting a shooter where is nowhere near the level of seriousness which is involved with family law cases, but it is good to know that under Florida law US a person seeking to reorganize your family have many options available as to the best way to do that.
Learn More: P.E.A.C.E. the Family Law Acronym
Learn More: Why Mediation Matters
Learn More: How Does Mediation Work?