Court is not the only way to resolve family disputes.  Many people can resolve the issues that concern them through either mediation or the collaborative law process.  Conklyn & Associates is pleased to be able to offer clients attorneys who have been trained as mediators and in the collaborative process.

 What is Collaborative Law?

Collaborative law is a way that couples can resolve their differences with the assistance of a team of professionals without litigation.  The process is designed to minimize conflict and to deal with all of the issues of the family–emotional and financial.  Both spouses have an attorney who has been trained in the collaborative process and all commit to resolve problems without contested court proceedings.  In addition to attorneys, often parties use mental health professionals as “divorce coaches” who assist the parties in helping them focus on a positive outcome for the entire family–with an emphasis on protecting the children from the stress and harm of separation and divorce.  It is also possible to employ financial professionals who can assess tax consequences and assist the team in reaching the best, fairest and most sensible division and use of the family’s financial assets.

The advantages of collaborative law are many: each spouse has support from his or her divorce coach and attorney and all who participate are committed to reaching a positive settlement that is the best solution for everyone in the family.  Instead of having the court dictate a timetable the team works together to resolve the issues on a schedule that is more in keeping with the families needs.  Usually the collaborative process is less expensive and time consuming than a contested court case–and certainly, while not stress and pain free, it usually helps the parties manage the pain and stress so that whole family can heal and move on in a healthier and more cooperative way.

What about Mediation?

In almost all contested divorce cases the Maryland courts order the parties to mediation.  In addition, often people decide to go to mediation on their own to resolve differences.  In mediation, the parties with the assistance of a neutral third party, negotiate to resolve differences.  Conklyn & Associates has attorneys who have been trained as mediators to be that neutral third party—not to tell anyone what to do or what is best, but to suggest ways for the parties to think of solutions to their own problems.