How do divorce and other family issues get resolved?
There are five ways of resolving disputed divorce and parenting issues:
- Informal discussion between the spouses
- Mediation with a trained, impartial person
- Collaborative practice with trained lawyers
- Negotiation by lawyers
- A decision by the court, after a contested hearing
Because the terms of the divorce orders may affect the family for many years, it is wise for the couple to come to an agreement by themselves, or with the help of a mediator, or through their lawyers, before the final hearing. Most couples can make some, but not all decisions by themselves. After all, many couples divorce because of their inability to communicate. Mediation and collaborative practice are decision-making choices that can improve communication. Mediation works well for many couples, and may be ordered by the court. Collaborative practice suits others who wish both to make their own decisions and to have the active involvement of their lawyers.
Negotiation through lawyers is the route traditionally chosen by couples. Most people work out, through their lawyers, the written agreements that become the basis of the divorce. Approximately 10 percent of divorce cases are decided by the court after a contested hearing.
Tags: collaborative negotiation, decision-making, mediation, nh divorce law
Posted January 11, 2012
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