Collaborative Divorce
Collaborative Divorce is an alternative dispute resolution process in which the spouses and their professional advisors (including lawyers and accountants) sign an agreement that binds each of them to the “collaborative” without resorting to litigation. If the process fails, the professionals involved in the collaborative process must withdraw. This means that everyone has a vested interest in seeing the process succeed. The process requires good faith negotiation, proper disclosure, and open communication.
Mediation
Mediation is an alternative dispute resolution process in which parties may participate either voluntarily or as a result of a court order. The process uses a neutral person (the mediator) who works to help disputing parties come to a mutually acceptable resolution during a face to face meeting or, at times, by relaying messages between the parties after separate caucus sessions with the mediator. A mediator, unlike an arbitrator, does not make any decisions but rather acts solely as a facilitator for the parties in their negotiations. During mediation, the parties actively participate in explaining their positions, and counsel guide their clients with regard to issues of fact and law and the crafting of the written settlement agreement which must be signed by all participants for a mediated settlement agreement to be enforceable.
In Florida, everything discussed at mediation is absolutely confidential. The length of a mediation depends upon the complexity of the issues and the number of parties involved and can run anywhere from a few hours to a number of days.
Arbitration
Arbitration is a form of alternative dispute resolution where the parties agree to refer their dispute to an arbitrator or panel of arbitrators who make a decision after hearing evidence in a process very similar to a trial. Sometimes the parties have agreed that the arbitrator’s decision will not be binding, in which case the losing party may or may not accept and abide by the arbitrator’s decision. Arbitration proceedings have limited rights of review or appeal.