Skilled Collaborative Divorce Mediator in Tampa Bay, Florida

In a traditional contested divorce, spouses hire lawyers to outmaneuver each other and “win” their divorce. This adversarial cat-and-mouse game exaggerates disputes rather than solving them. Litigation only swells the cost of divorce, drags out the timeline, and creates friction and resentment that often resurfaces later.

Collaborative divorce is a practical twist on divorce negotiations which takes the confrontations and gamesmanship out of the equation. Similar to pre-suit mediation, the collaborative divorce process is voluntary and is geared toward an out-of-court settlement. Unlike pre-suit mediation, there is typically a team of professionals assisting the parties during their settlement negotiations. The professional team typically is made up of two collaboratively trained attorneys, one representing each party, a neutral facilitator, and a neutral financial professional.

The parties and their attorneys sign a written Participation Agreement committing to resolving all divorce issues through cooperation and negotiation and not litigation. This is accomplished through a series of conferences in which the parties, their attorneys, their mental health facilitator and their financial experts (“the collaborative team”) work together toward a negotiated settlement. In the event the process is not successful, the attorneys must withdraw from representation, and the parties must hire new attorneys before proceeding with litigation. This requirement is supposed to disincentivize the attorneys from encouraging a drawn-out, expensive legal battle.

Experts who have worked with the parties and their attorneys during the collaborative divorce process may or may not be required to withdraw as well. Often parties, in an effort to save money, will stipulate at the onset of the Collaborative Divorce Process that the neutral experts hired by the parties and the experts’ work product may be used at trial if the process breaks down.

At Reineke Mediations, Beth Reineke knows that understanding the difference between collaborative divorce and the other forms of litigation alternatives can help you determine which alternative dispute resolution process (“ADR”)  is right for your unique circumstances. Call now for a free phone conversation with Attorney Reineke.

What is the Difference Between a Formal Collaborative Divorce and a Cooperative Divorce in Tampa Bay, Florida?

A Formal Collaborative Divorce requires each participant to be represented by an attorney and requires a formal written Participation Agreement to be signed. Written meeting minutes are prepared and reviewed by the attorneys after each session and formal agendas are prepared and reviewed by the attorneys before each session. Collaborative Attorneys typically want to work with a facilitator, who is a mental health expert, and a financial expert, who is typically a CPA.  The CPA prepares financial affidavits for the parties to sign and financial schedules for the attorneys to review and use during settlement sessions. This means that typically there are four professionals billing by the hour working on your case. Joint sessions involving the parties and their hired professional team are very expensive, but the process overall is much less expensive and much quicker than formal litigation.

A Cooperative Divorce is much more flexible, and more closely resembles Pre-Suit Divorce Mediation. The participants may or may not be represented by attorneys during each settlement session. The sessions are conducted by a trained neutral professional. A formal Participation Agreement is not signed. The Cooperative Divorce process like the Collaborative Divorce Process is completely voluntary, but experts are only hired if necessary. Formal written minutes and agendas are usually not prepared unless requested.

In both Collaborative Divorces and Cooperative Divorces, when a verbal agreement is reached, written contracts are prepared. In a Formal Collaborative Divorce, one attorney prepares the written agreement(s) and transmits them to the other attorney for review and comment. This may result in additional negotiations and additional unavoidable fees. In a Cooperative Divorce, usually the neutral facilitator prepares the written agreement(s) and transmits them to the participants and their attorneys for review and comment, cutting down on the need for additional negotiations.

Because of the differences between a Formal Collaborative Divorce and a Cooperative Divorce, a Cooperative Divorce is much less expensive than a Collaborative Divorce, but typically much more expensive than Pre-Suit Divorce Mediation. And, if the participants don’t reach an agreement on all issues, they may continue to work with the attorneys they previously retained.

During a free phone consultation, you can learn whether Florida collaborative divorce or a cooperative divorce mediation is right for your relationship. Contact Beth Reineke, the Tampa Bay collaborative divorce mediator today to learn more.

What are the Advantages of a Formal Collaborative Divorce in Tampa Bay, Florida?

In general:

• Collaborative Divorce is less expensive than traditional contested divorce litigation. For instance, parties agree to share pertinent information freely, avoiding the necessity of formal discovery conducted by their attorneys. Less work means less attorney’s fees. Additionally, if experts are needed, the parties will often retain joint neutral experts, thereby avoiding duplicative work and fees.
• Less time consuming. The Collaborative Divorce Process can usually be accomplished in several sessions over a 3 to 6 month period of time. By comparison, traditional contested divorce proceedings may take more than a year to go to trial and years to complete appeals.
• Results in a better settlement. Every family is unique, and every family deserves a settlement tailored to their particular needs. The collaborative process produces final agreements that are typically more detailed and complete than any order that would be issued by a judge after a contested court proceeding.
• Lays the groundwork for a better future. There is no pain-free way to end a marriage, but by reducing stress, working cooperatively, and treating each other with respect during this process, you and your spouse will be laying the groundwork for a less stressful future; one in which you can better parent your children.

What is the Difference Between Collaborative Divorce and Pre-Suit Divorce Mediation in Tampa Bay, Florida?

Collaborative Divorce typically involves the parties, their attorneys, a mental health facilitator, and a financial expert. Pre-Suit Divorce Mediation involves the mediator, the parties, and in some cases their attorneys.  Collaborative Divorce requires a formal Participation Contract. Pre-Suit Mediation does not. In both Collaborative Divorces and Pre-Suit Mediation with Attorney Reineke, the parties contract to voluntarily provide all pertinent financial information. Both processes may involve a series of conferences during which the parties work at identifying issues and settlement alternatives.

Collaborative Divorce attorneys generate written minutes and formal agendas between sessions. In mediation, the participants may request written minutes or agendas, but typically verbal summaries are given at the end of each session and future agendas are discussed and agreed upon verbally.

This means that Collaborative Divorce is the more expensive alternative. In both cases, if an agreement is reached a Marital Settlement Agreement and, if applicable, a Parenting Plan are drafted. In Pre-Suit Mediation the neutral mediator drafts the agreements, cutting down on last minute renegotiations. If an agreement is not reached, neither the mediator nor the collaborative divorce attorneys may represent either party in litigation before the court.

Because Collaborative Divorce is a more formal process and often involves four different professionals working with the participants and because it is a more formal process, it is much more expensive than Pre-Suit Divorce Mediation.

Collaborative divorce is less expensive than traditional litigation—however, it is more expensive than pre-suit mediation because it is a more formal process, and it typically involves a team of four collaboratively trained professionals billing hourly for their services.

If you have additional questions about collaborative divorce, cooperative divorce, or pre-suit divorce mediations, attorney Beth Reineke is a Florida Supreme Court Certified Divorce Mediator. Drawing on more than 30 years of experience litigating, mediating, and settling divorce cases in the Tampa Bay Area, she conducts virtual and in-person mediations for families in Hillsborough, Pinellas, and Pasco Counties and provides free phone consultations for Florida spouses.

Explore the Benefits of Collaborative Divorce

Beth Reineke is an experienced Collaborative Divorce Attorney who can help you and your spouse determine whether collaborative divorce is right for you and provide the representation you need. If you decide Collaborative Divorce is the best course of action for you and your spouse, mediator Reineke will assist you and your spouse in retaining collaboratively trained attorneys and in retaining the other members of your collaborative divorce team. Arrange a consultation today!