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Teaming Legal and Mediation Services In Your Divorce

Posted by Erin Birt | Aug 25, 2015 | 0Comments

To get through your divorce with the best concessions in place, hiring a lawyer is always a good idea. To reach those concessions through effective communication and negotiation versus anger and conflict, hiring a lawyer such as a Mediation Consulting Attorney will help you determine those best concessions. Teaming legal and mediation services in your divorce is the best scenario for success.

In some situations, the court will specifically require divorce mediation assistance, and a new trend to help you meet your goals is retaining a Mediation Consulting Attorney.

The good news is that currently legal divorce services and mediation services do not have to be separate and distinct during the divorce process. Rather, they can work as a team to help all parties get the results they desire at the end of the marriage. This post will focus on how teaming legal and mediation services gives you and your family the best chances at success post divorce.

TEAMING THE LEGAL AND MEDIATION SERVICES IN YOUR DIVORCE: THE ROLE OF A MEDIATION CONSULTING ATTORNEY

Also known as a Limited Scope Attorney, a Divorce Legal Consultant, or a Collaborative Divorce Attorney, this person helps all parties to come to agreement on the various issues of their particular divorce case. This includes facilitating dialogue, identifying any issues between parties, clarifying points of consensus, preparing a spouse for the mediation sessions and/or divorce litigation, and exploring any and all alternatives to reach a settlement everyone approves.

A Mediator must work equally in the best interests of both parties, does not act as an attorney or advocate for either side, does not provide legal counsel, and does not make any decisions on disputes between the divorcing parties. A Divorce Mediator stays impartial to any one party's needs and neutral around the results of the collaboration efforts. Hiring a Mediation Consulting Attorney, however, provides you with an advocate for your side and a convenient and timely way to obtain legal advice without disrupting or prolonging the mediation process.

TEAMING THE LEGAL AND MEDIATION SERVICES IN YOUR DIVORCE:THE ROLE OF THE DIVORCE LAWYER

Unlike the Mediation Consulting Attorney, divorce lawyers are obligated to work for the specific party that hires them, advising them and preparing any required legal documents in preparation for litigation. Lawyers are always partial to the needs of their client and will work to create the best possible outcome for that person. A good Mediation Consulting Attorney, however, also knows the value of mediation, particularly in difficult or contentious divorces and will work with the mediation process, not disrupt or terminate it.

TEAMING THE LEGAL AND MEDIATION SERVICES IN YOUR DIVORCE: HOW THEY WORK TOGETHER

Working as a collaborative team, lawyers and mediators can help divorcing couples to reach effective agreements. In this scenario, parties can agree to meet with the Mediation Consulting Attorney with both of their lawyers present, with one or the other's lawyer present, or without either of their lawyers present.

If one party wants to bring a lawyer, the other party is notified of this prior to the mediation session to determine whether that lawyer will also participate.

When necessary, the divorcing parties can agree to bring on other collaborative professionals to help with financial issues, property division, child custody and support matters, or any other situations that need expert assistance to reach a solution. I spend my time networking and collaborating with other divorce professionals so that I can assist my client with building the best team for support and knowledge during the divorce process.

I am available to work as a Mediation Consulting Attorney to fill the gap between mediator and divorce litigation and I can help support you through any aspect of your divorce process. My focus is DuPageCookWill, and Kane Counties, including Wheaton, Glen Ellyn, Chicago, Plainfield, Elgin and others.

Contact me for more information on services for your specific area.

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