Divorce does not always have to be a contentious and emotionally divisive process. In fact, for many couples who are committed to resolving their divorce amicably, which is ideal especially when children are involved, there are alternative routes to the traditional courtroom divorce battle. At the law offices of The Colwell Law Group, LLC, our Albany collaborative divorce lawyer can help you to understand the benefits of a collaborative divorce, and how to settle your divorce while protecting your interests and emotions.

What Is Collaborative Divorce?

Collaborative divorce is one of the newest forms of alternative dispute resolution, and seeks to settle a divorce without going to court. In a collaborative divorce, both parties agree to approach divorce resolution amicably and with an open mind, and the process is very client, child (if involved), and family-centric. Essentially, each party in the divorce will be represented by their own attorney, but rather than just talking with their own attorney, the parties will work together to find a resolution that works for everyone. Collaborative divorce is often praised as being superior to traditional divorce because it is less expensive, less contentious, and puts power in the divorcing couple’s hands.


The Difference Between Collaborative Divorce and Mediation

The terms “collaborative divorce” and “mediation” are often used interchangeably. Yet while the two processes certainly share some similarities, they are actually not the same. Consider these differences:

    • In mediation, conversations are mediated by a neutral third party, who is often not an attorney; in collaborative divorce, each party is represented by their own lawyer.
    • In a collaborative divorce, parties enter what is called a participation agreement. A participation agreement states that both parties are committed to cooperating throughout the process, and refraining from using adversarial or aggressive techniques. It also states that parties pledge not to litigate disputes in court.
    • In mediation, the mediator is responsible for facilitating conversation and acting as a peacemaker; in a collaborative divorce, each party’s lawyer is responsible for representing the best interests of their client. If collaborative divorce is unsuccessful, the lawyers withdraw from further representation of the parties as the case moves to litigation.

The Benefits of Choosing The Colwell Law Group, LLC

At The Colwell Law Group, LLC, Attorney Kevin Colwell has completed training in collaborative divorce, and is licensed to take on these cases. Mr. Colwell knows how to advocate for your best interests throughout the process, while also respecting you and your spouse’s agreement to resolve things without contention, and by working together.

We believe that when you are going through a divorce, you deserve a family law attorney who has the skills and experience to deliver the best outcome possible for your case. Experienced in divorce litigation and licensed in collaborative divorce, our legal team is ready to represent you.

If you have questions about collaborative divorce and want to learn more about the benefits and the process, please contact The Colwell Law Group, LLC today. Our talented Albany collaborative divorce lawyer can be reached by phone, or you can write us a message through our website.

Free E-Book From Colwell Law Group Learn how to help your kids cope with your divorce with our free guide for parents who are getting divorced or separated in New York.

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