Divorce Options
Not Everyone Has to Go to Court
At Pacific Divorce Management we have found that many people find themselves engulfed in a complicated and divisive legal battle simply because they were unaware that other options are available to them. Alternative Dispute Resolution (ADR) is a rapidly growing field in the Family Law community; it is inclusive of both Mediation and Collaborative Divorce. Pacific Divorce Management offers services in both of these fields of ADR as well as litigation.
We encourage anyone facing divorce to review the information below and consider whether Mediation or Collaborative might be appropriate in their situation.
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What Are My Choices for My Divorce?
| Collaboration | Mediation | Adversarial Attorney Negotiations Before Trial | Trial | |
|---|---|---|---|---|
| Basis for Making Decisions | What is important to the clients. | What is important to the clients. | What might be decided at trial. | Laws and Rules of Court. |
| Measure of Success | Solutions acceptable to both clients. | Solutions acceptable to both clients. | Both clients try to “win big.” | Both clients try to “win big.” |
| Role of Attorney | To help the client negotiate effectively and give independent legal advice. | Rarely attends mediation. They review summaries between sessions and give independent legal advice. | They control negotiations and give independent legal advice. | They prepare for trial, examine and cross-examine witnesses, and argue on behalf of their client. |
| Role of Divorce Coach | To help the client manage emotions, handle stress, better communicate, and be effective. | Rarely present | Never present | Never present |
| Role of Financial Consultants | Act as a neutral party to help clients make informed decisions regarding finances in their marriage settlement and for their post divorce life. | Rarely present | Not neutral – each client hires their own experts. | Not neutral – each client hires their own experts. Only present if called as a witness in trial. |
| Who Makes the Final Decision | Clients | Clients | Clients with legal advice | Judge |