Milwaukee and Waukesha Mediation and Collaborative Divorce Attorneys
Going through a divorce is difficult enough. Why add the stress, the cost, and the animosity that inevitably comes with a court case? At the Milwaukee and Waukesha law offices of Brazil, Thelen, & Benske, S.C., we offer our clients options in the resolution of their family law matters — negotiation, mediation, the collaborative divorce process or traditional courtroom litigation.
Mediation and collaborative divorce are excellent options for many people but they are not appropriate for some couples. If you would like to learn more about these cost-effective alternatives, contact our Milwaukee and Waukesha mediation and collaborative divorce lawyers today.
What Collaborative Divorce and Mediation Have in Common
Both divorce mediation and the collaborative divorce process allow the parties to have more control in arriving at a mutually acceptable agreement about the issues of divorce, custody and property division. Both processes are cooperative rather than adversarial and most participants are successful in reaching an agreement.
In our experience, both mediation and collaborative law are particularly beneficial for parents who will need to continue to work together for the benefit of their children. These processes minimize animosity between the couple, empower them to arrive at workable solutions, and typically also save money.
Resolving Issues Through Divorce Mediation
Two of the attorneys at Brazil, Thelen, & Benske, S.C., are certified family law and divorce mediators. Kris Thelen is member of the Wisconsin Association of Mediators and are available to assist you if you are considering mediation.
Wisconsin family courts require mediation if there is disagreement over child custody and visitation. A judge may order mediation in other cases when issues are in dispute, but this is done on a case-by-case basis. In divorce mediation, the couple works with a neutral mediator to arrive at an agreement on issues in conflict.
Mediation is not a good option if one of the spouses is unwilling to participate or if there has been abuse in the relationship. If there is a great power differential between the couple, collaborative divorce may be a better option.
What Is Collaborative Divorce?
The collaborative divorce process empowers the parties to take control of the outcome of their case, resulting in greater satisfaction and less conflict.
Unlike mediation, there is no neutral third party involved in the collaborative law process. Each of the parties must be represented by his or her own attorney and it is the role of the attorneys to facilitate the development of a settlement.
Collaborative divorce lawyers have a strong incentive to help their clients achieve a negotiated resolution. If the case is not resolved and the couple abandons the collaborative process, the lawyer is dismissed and the couple must find new lawyers to go to court.
In contrast to the attorney's role in the litigation model, collaborative law attorneys work to facilitate settlement rather than to advise their clients as adversarial advocates. The process requires both parties and their attorneys to actively listen and understand the other's interests, needs and goals. Progress can only be made when all parties work together to reach agreements within the set collaborative framework.
Another potential benefit of the collaborative divorce process is reduced cost. If an expert opinion is required for a child custody decision or a property valuation, the couple will agree on one expert, avoiding the cost of dueling experts. The collaborative law process is also, typically, faster than litigation, which also saves on cost.
Attorney Paulette Brazil handles the collaborative cases for Brazil, Thelen & Benske, S.C., with a goal of letting you take charge of the settlement with solid advice on how to do so.
Wisconsin Divorce Agreement Attorneys
Contact our Wisconsin divorce agreement attorneys today to discuss how we can help you achieve a resolution to the issues facing you in divorce, property division and child custody.