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August 1, 2019

Why Collaborative Divorce is the Best Approach

by Aubrey Harry Ducker Jr. in Collaborative Divorce

The goal of collaborative divorce is to avoid conflict and come to a resolution that works for both parties. Legal Matters such as divorce, child support or custody are often seen as  “battles”. This is due to the disputers between parties. When it comes to settling disputes, a collaborative approach is the best approach.  According to Harvard Law School, the best route to go with disputes is through an “integrative negotiation” where there is joint fact-finding.

The role of Interactive Negotiations in Collaborative Divorce

Negotiations often have a negative connotation to them. It is seen as a “fight”. Interactive negotiations are where the interests or objectives of each negotiator are not conflicting. Interactive Negotiations in Collaborative Divorce create a “win-win” situation for both parties. Integrative negotiation is also referred to as a “fixed pie” negotiation. It is effective in splitting up a limited amount of resources.

Joint-Fact Finding in the Dispute Resolution Process

Part of the dispute resolution process is joint-fact finding. Joint fact-finding is a collaborative process for bringing together parties in disputes. Each party works cooperatively to decide how situations should be gathered, analyzed, and interpreted. Additionally, joint-fact finding helps each party understand the issues at stake. Collaborative efforts use joint-fact finding and interactive negotiations.  This is what makes collaborative divorce the best approach.

Signs You Need A Collaborative Divorce

There are several signs when a married couple would need a collaborative divorce:

  • Has financial issues
  • Is unable to resolve conflicts
  • Does not have a shared vision of success
  • Has differing priorities and interests

A traditional contested divorce is likely to compound these issues as well as turn old scars into new wounds. It may even worsen issues that were once resolved.  A traditional contested divorce is much more expensive than collaborative divorce and takes longer. It also leaves less room for compromise. A traditional contested divorce is left out in the public view for all to see. Collaborative divorce seeks to solve disputes peacefully and with the consent of both parties. It avoids presenting shady or false evidence in the courtroom.

Contact an Orlando Collaborative Divorce Attorney

Struggling with child custody or a divorce? Contact Attorney Aubrey Harry Ducker Jr., Attorneys and Counselors at Law.  Our attorneys handle every legal issue-  from family law to elder law. Call us at  (407) 647-7887 or send us a send us a message. Visit Aubrey Law’s Office. Attorney Aubrey Harry Ducker Jr. serves Altamonte Springs, Longwood, Maitland, and Orlando. Attorney Aubrey Harry Ducker Jr. also serves the and surrounding areas.