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Rockville, Maryland 20850

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Divorce Mediation Attorney Rockville, MD

Negotiated solutions to issues of divorce and legal separation

Whenever possible, divorcing spouses should try to negotiate a settlement outside of court. This is especially the case with marriages where minor children are involved. Ex-spouses must transition from parenting as husband and wife to co-parenting after the marriage has been dissolved. The Law Office of Stacy B. Talbott, LLC leads you through a mutually respectful negotiation process, which lays the groundwork for a healthy and positive collaboration.

Traditional negotiation of Maryland divorce

In traditional negotiation, each spouse has an attorney who advocates for that party’s best possible outcome until a compromise is negotiated. Negotiations work well if you and your spouse are in general agreement and simply need your understanding reduced to writing and double-checked for omissions. Negotiation is necessary where there is a power imbalance between spouses and in relationships where domestic abuse or distrust exists. In those difficult cases, the lawyers do most of the communicating. The down side is that you and your spouse talk more to your lawyers than to each other, and the agreement may feel unfair in the end since it is a product of compromise.

Mediation of divorce settlements and legal separation agreements: mediation without lawyers

Here, you and your spouse meet privately with the mediator. The mediator helps you and your spouse gather financial information and develop solutions to the issues in dispute. Everything said to the mediator is confidential, but the mediator cannot give legal advice. For this reason, it is critically important that you consult with an attorney before and after each mediation session. This can mean having to renegotiate verbal understandings reached during the mediation sessions but, in the long run, you will have a more solid agreement.

Mediation of divorce settlements and legal separation agreements: mediation with lawyers

Here, attorneys for you and your spouse attend the mediation and explain your rights as issues arise. Sessions can be held with all attendees in one conference room or with the parties separated. This latter arrangement can reduce tension between you and your spouse but may reduce the free flow of discussion. The cost of mediation with lawyers is higher since there are three professionals at each meeting.

Maryland collaborative divorce services

Collaborative divorce takes mediation a step further. A specially trained attorney guides you and your spouse through a cooperative process to help you arrive at a mutually acceptable, durable agreement. A collaborative divorce lawyer will never depose or cross-examine you. You and your spouse promise to negotiate in good faith and with full financial disclosure. The lawyer promises to advocate in a constructive manner toward a win-win settlement. Your attorney invites other experts, such as divorce coaches or financial consultants, to ensure that you will be financially secure and will have healthy post-divorce relationships with your children. If you find the collaborative divorce process is not working for you, you can end it at any time. However, since part of the deal is that your collaborative divorce lawyer will not represent either spouse in divorce litigation, you will have to start the process over from scratch.

Limitations of alternative dispute resolution in Rockville, MD divorce and separation

Alternative dispute resolution (ADR) processes, such as collaborative divorce and mediation, presuppose a minimum level of cooperation between spouses. If you are unable to face your spouse, ADR is not for you. In marriages where one party has engaged in criminal activity, has a history of domestic violence or has a substance abuse problem, ADR is not appropriate. In those cases, litigation through trial may be the only viable approach.

Whenever possible, divorcing spouses should try to negotiate a settlement outside of court. This is especially the case with marriages where minor children are involved. Ex-spouses must transition from parenting as husband and wife to co-parenting after the marriage has been dissolved. The Law Office of Stacy B. Talbott, LLC leads you through a mutually respectful negotiation process, which lays the groundwork for healthy and positive collaboration.

Contact a reliable collaborative divorce and mediation attorney in Rockville, Maryland

To speak with an experienced divorce attorney about ADR processes for your Rockville, Maryland divorce or legal separation, call The Law Office of Stacy B. Talbott, LLC at 301-637-8527 or contact the firm online.