Family Law, Divorce Mediation & Collaborative Divorce by Peter D. Axelrod

Benefits Of The Collaborative Divorce Process Compared With The Traditional Adversarial Process

Team Approach. There is a team approach in the collaborative process wherein professionals in allied divorce related fields are used to lead the collaborative team in their subject areas – a financial professional for asset, obligation and spousal support amount issues, a mental health professional serving as a coach for the parties while the legal […]

The Clients Rights

The rights of an attorney’s client are no different than the rights of a customer of any other business or organization. As well, the attorney is a service provider no different than any other business or organization that provides services to the public. Such relationships have implications for both the attorney and the client that […]

Rules of the Road in Helping Establish a Collaborative Environment

Whether the environment is at home, at the workplace or in a legal divorce discussion or negotiation, there are basic “rules of the road” that will lead to successful, non-adversarial collaborative participation. Foremost among these is to take full and complete responsibility for what occurs in the environment. This does not mean one is responsible […]

The Reviewing Attorney in Divorce Mediation

Divorcing parties who enter Divorce Mediation are generally advised by their mediator to have the final agreement reviewed by their separate attorneys before signing. For the client who wants additional assurance that the agreement coming out of the Divorce Mediation process is equitable, having separate counsel review it prior to signing can address that concern, […]

The Task of the Financial Professional in a Collaborative Divorce Case

The Financial Professional in a Collaborative Divorce case plays a significant role in the process. The Financial Professional must ascertain through diligent document review and examination of records, as well as by dint of experience and knowledge, the clients’ financial landscape.  This means whatever assets, obligations and financial goings on that are part of the […]

Divorce Mediation Guidelines

Divorce Mediation is a voluntary process and is most likely to be successful if the parties are willing to make a good faith effort reach agreement. However, there is no legal obligation to either mediate or to agree any particular settlement. Agreement in Mediation can be reached only when the parties have determined beforehand that […]

Divorce Mediation’s Rational Approach to Spousal Maintenance

While some jurisdictions are moving toward a formulaic approach to the payment of spousal maintenance, leaving little room for a full review of the parties’ circumstances, many jurisdictions still provide only the most broad of guidelines for decisions around the amount of spousal maintenance paid.  For these latter jurisdictions, using a rational approach to ascertain […]

The Value of Prenuptial or Postnuptial Agreements for Stay-At-Home Mothers or Fathers

Financial arrangements in either Prenuptial Agreements or Postnuptial Agreements seem a sticky way to either begin a marriage or seemingly interrupt one. Either document serves to set forth the rights and responsibilities of the marriage partners in the event of divorce and can waive or modify Arizona Community Property Law and/or the statutory requirements for […]

Settlement Negotiations with Divorce Lawyers

As a long time divorce attorney, I have experienced a range of approaches to settlement negotiations, and the attitudes taken by my colleagues who also specialize in the field of divorce and family law. As I have moved from the traditional adversarial model of divorce settlement negotiations and used mediation and collaborative divorce settlements to resolve […]

The Subject Matter of Divorce Mediation

Every case is different than the next, having its’ own unique character and issues. And, while the differences in the modalities for reaching settlement are varied, and in some cases having a significantly different impact on the clients – such as Divorce Mediation contrasted with Divorce Litigation – the subject matter of all modalities is […]

Advising Clients About Settlement Process Options

People initiating a divorce or legal separation come to divorce attorneys with questions; paramount among these is “How do we get started.” This usually means something along the lines of how do we reach a final settlement or how do we go about the divorce process. The attorney can provide a valuable service by refraining […]

Mediating The Property Settlement – Disclosure Of Assets

The role of the mediator in the divorce setting is multi-faceted. Legal information, counseling abilities and mediation skills are called on to support a mutually satisfactory settlement of the divorce issues. One of the most important aspects of the mediator’s role is to ensure that clients are fully informed of the issues that are relevant […]

Decision Making Around Divorce

In such significant, life altering areas as whether to end a marriage, or if a decision to end a marriage seems to have already been made, it is important to know whether the choice was made from a place of clarity or confusion. We need not focus on clarity here, since this state of mind […]

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