There Is A Better Way Forward: Mediation And Collaborative Processes

We all know someone who became so wrapped up in his or her divorce trial that it took years to move past the anger and pay off the attorney fees. At the Milwaukee law office of Benske Family Law, we believe there is a better way. The more issues you and your spouse can resolve through mediation and collaborative negotiations, the easier it will be to move ahead with your new life.

Wisconsin family courts require mediation if there is disagreement over child custody and placement. A judge may order mediation in other cases when issues are in dispute, but this is done on a case-by-case basis. In divorce mediation, the couple works with a neutral mediator to arrive at an agreement on issues in conflict.

Two of our attorneys are certified family law and divorce mediators. In our experience, both mediation and collaborative law are particularly beneficial for parents who will need to continue to work together for the benefit of their children. These processes minimize animosity between the couple, empower them to arrive at workable solutions and typically save money.

We will calm the storm that might be brewing
We understand your concerns about your spouse’s unwillingness to reach an agreement. Many of our clients tell us how unpredictable the divorce has become over disputes about custody or placement, spousal maintenance and property division. We assure you, we will work hard to resolve the disputes and come to a fair agreement through mediation or skillful negotiations.

What Collaborative Divorce And Mediation Have In Common

Both divorce mediation and the collaborative divorce process allow the parties to remain in control of resolving conflicts and disputes about issues such as custody and placement, spousal support/alimony and the division of marital assets. The mediation process, however, involves the use of a knowledgeable, trained neutral mediator who will guide the discussions and point out what the courts will expect to see in the final settlement agreement. Parties are not bound by the mediated settlement agreement until they sign it and the mediator submits it to a judge to review and hand it down as a formal divorce settlement. At that time, it becomes a judgment and the parties are bound to the final terms.

Collaborative Divorce Is Often The Less Expensive Option

The collaborative divorce process empowers the parties to take control of the outcome of their case, which results in greater satisfaction and less conflict. Each spouse must be represented by his or her own attorney, and it is the role of the attorneys to facilitate the development of a settlement. There is no neutral mediation professional guiding the negotiations.

Collaborative divorce lawyers have a strong incentive to help their clients achieve a negotiated resolution. If the case is not resolved and the couple abandons the collaborative process, the lawyer is dismissed and the couple must find new lawyers to go to court.

Another benefit of the collaborative divorce process is reduced cost. If an expert opinion is required for a child custody or placement decision or a property valuation, the couple will agree on one expert, avoiding the cost of dueling experts. The collaborative law process is typically faster than litigation, which also saves on cost.

Attorney Paulette Brazil handles the collaborative cases for Benske Family Law, with a goal of letting you take charge of the settlement and providing solid advice on how to do so.

Is An Alternative Process Right For You?

Mediation and collaborative divorce are excellent options for many people, but they are not appropriate for some couples. If you would like to learn more about these cost-effective alternatives, call us at 414-939-0468 or contact our Milwaukee mediation and collaborative divorce lawyers today.