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Lancaster Law Office
17503 Tenth Avenue NE
Shoreline, Washington 98155
Phone: 206-367-3122 |
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| Home > Divorce > Alternatives to Divorce Court |
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| Alternatives to Divorce Court |
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| Divorcing partners choose among alternatives to divide assets and liabilities and create a parenting plan. |
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| 1. |
Kitchen Table Divorces |
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A small percentage of divorcing partners sit down with a cup of coffee or glass of wine at their kitchen table, discuss options, choose solutions, and file paperwork. This solution works best for parties with high esteem for their partners, who communicate well, and have little at risk in the separation. |
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| 2. |
Consensus Mediation |
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Cooperative partners may ask a neutral professional to help them negotiate. The mediator sits down with both parties, helps them communicate, and guides them to agreement. The mediator provides no legal advice to either party. If the mediator is a lawyer, he or she may draft necessary pleadings expressing the agreements of the parties. This solution works best for parties who communicate well, think independently, have balanced power in their relationship, and are comfortable with moderate risk. |
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| 3. |
Collaborative Process |
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The partners agree they must avoid court, though they cannot reach agreement at present. Each hires a collaboratively trained lawyer. Together they hire other neutral professionals as needed: a divorce coach, a child specialist, a divorce financial specialist, and possibly a vocational specialist and other allied professionals. The parties negotiate face to face, aiming at their highest and best goals. Good faith, full disclosure, and transparency are the rule. The partners drive the pace and direction of the negotiations. If the process fails, all the professionals involved must withdraw, cannot be called as witnesses, and both parties must seek other attorneys. This solution works best for parties who experience some alienation and power imbalance, but still credit the essential good faith of their partner. They want to respect the other party, and maintain extended family relationships and circles of friends. Partners with deep concern for their children frequently prefer collaboration. |
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Shuttle Mediation |
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Partners who cannot agree hire attorneys and a mediator. Each party sits with his or her attorney in a separate room. One side makes proposals. The mediator shuttles from the proposer to the opponent and makes all reasonable arguments, legal and otherwise, why the opponent should accept the proposals. The opponent counter-proposes, the mediator shuttles
to the other room, and makes the opponent’s arguments. Eventually, the parties may “agree,” which means they accept compromises they deem preferable to further negotiation. This process works best for parties who reach deadlock, but want to avoid the delay, publicity, and expense of litigation. |
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| 5. |
Arbitration |
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Partners who cannot agree hire attorneys and an arbitrator, who acts as a private judge. The parties present their positions and evidence in a mini-trial. Both get a decision they did not choose but (hopefully) can accept. This process works best for parties who cannot agree, but want to avoid the delay and publicity of trial. |
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| 6. |
Trial. |
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Partners who cannot agree or elect other means of conflict resolution let the public courts decide their matter. Each side presents evidence to a superior court judge according to the civil rules, and all the evidence is subject to criticism by attorneys and the bench. This process works best for parties whose high conflict relationship, domestic violence, substance abuse, psychological problems, or psychiatric disorders preclude settlement by a less dire process. |
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| Brad and Kim believe that partners who can settle at the kitchen table and partners whose problems demand public judicial intervention will not profit from a collaborative process. All others benefit from a collaborative divorce process. And all are damaged by a litigated resolution. |
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Facsimile: (206) 367-3109
Toll-Free: 1-888-367-3122
Info@lancasterlawoffice.com |
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17503 Tenth Avenue NE
Shoreline, WA 98155
206-367-3122
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