Tag Archive for: mediation

Appellate Judges Discuss Collaborative Divorce in Meeting of Hillsborough and Pinellas Family Law Attorneys and Judges

I recently had the opportunity to attend a joint meeting of the Tampa Bay Family Law Inn of Court and Pinellas County’s Canakaris Inn of Court.  The guest speakers were three judges from Florida’s Second District Court of Appeals:  Chris Altenbernd, Edward C. LaRose, and Robert Morris.  I had the opportunity to discuss collaborative divorce with the appellate judges.  The following excerpt of a Collaborative Divorce Institute of Tampa Bay article describes a portion of the meeting and my discussions:

 Judge Chris Altenbernd (who served as chief judge from 2003-2005) observed that, by the time divorce and paternity cases reach the appellate level, both parties have almost invariably already lost:

“You have families that are being torn apart, and the parties are arguing often for the sake of arguing, not putting children’s issues and the families’ financial future first.”

Judges Edward C. LaRose and Robert Morris agreed.

The Second D.C.A.'s Judge Chris Altenbernd and CDITB Membership Chair Adam B. Cordover Discuss Collaborative Divorce (April 4, 2012)

The Second D.C.A.’s Judge Chris Altenbernd and CDITB Membership Chair Adam B. Cordover Discuss Collaborative Divorce (April 4, 2012)

Judge LaRose then asked the attorneys in the audience whether collaborative practice was being utilized in Pinellas and Hillsborough counties. Collaborative Divorce Institute of Tampa Bay membership chair Adam B. Cordover answered their question. “The practice of collaborative family law is growing in Tampa Bay. Last year, the Collaborative Divorce Institute of Tampa Bay provided training to instruct more attorneys, mental health professionals, and financial experts on how to handle collaborative divorce cases in a way that is private, individually-tailored, respectful, and takes into account the best interests of any children involved.  In short, we collaborative professionals are carrying out the ideal of ‘therapeutic jurisprudence.’”

Judge Altenbernd later relayed to Mr. Cordover that he supports the collaborative process, especially in divorce cases where issues of child custody and parenting plans are involved.  ”I just think more people need to seriously consider the family-focused process of collaborative divorce rather than fight it out in the court system.”

Attorney Adam B. Cordover has completed advanced training in interdisciplinary collaborative family law.  He is on the Board of the Collaborative Divorce Institute of Tampa Bay and is a member of the International Academy of Collaborative Professionals.

If you have questions regarding collaborative divorce and you wish to speak with a Tampa Bay collaborative attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or by completing our online form.

Potential Disadvantages of Collaborative Law

Though I have advocated the use of the collaborative process in family law cases (for example, here, here, and here), it is only fair to note that there may be disadvantages to a collaborative law case.  Jon Crouch over at The Family Law New Blog explores some of those potential disadvantages:

1. In litigation, you can use the timing and immense stress and fear of impending trials to get people to sign settlements they never would agree to if they actually had time to consider them.

Read more

Video: Divorce TV – Collaborative Divorce Part 3

Attorney Adam B. Cordover has completed advanced training in interdisciplinary  collaborative family law and is a member of the International Academy of Collaborative Professionals and the Collaborative Divorce Institute of Tampa Bay.

If you would like to speak with a collaborative lawyer and learn how the collaborative process can help your family, call The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our contact form.

Video: Divorce TV – Collaborative Divorce Part 2

Attorney Adam B. Cordover has completed advanced training in interdisciplinary  collaborative family law and is a member of the International Academy of Collaborative Professionals and the Collaborative Divorce Institute of Tampa Bay.

If you would like to speak with a collaborative lawyer and learn how the collaborative process can help your family, call The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our contact form.

Video: Divorce TV – Collaborative Divorce Part 1

Attorney Adam B. Cordover has completed advanced training in interdisciplinary  collaborative family law and is a member of the International Academy of Collaborative Professionals and the Collaborative Divorce Institute of Tampa Bay.

If you would like to speak with a collaborative lawyer and learn how the collaborative process can help your family, call The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our contact form.

Collaborative Divorce: Keeping the Process Out of the Courts

The following passage of an article from the Collaborative Divorce Institute of Tampa Bay discusses a collaborative law agreement, how parties are encouraged to settle rather than institute a court action, and the differences between collaborative divorce and mediation:

     Once you decide that Collaborative Divorce is right for you, the first step is for each party and their attorney to sign a Collaborative Law Agreement. This agreement serves as a contract which ensures that the lawyers will act solely as settlement counsel only. By serving as settlement counsel your lawyers are contractually barred from ever going to Court in your divorce case. However, if at some point either party decides it would be more beneficial for the Court to settle a particular matter, you can terminate the Agreement at any time. This helps give you ultimate control of how your case is handled and guarantees an outcome suitable for all parties. It is important to remember that if you or the other party chooses to take a contested matter to the Court both attorneys are fired instantly and can not represent you before the court. Because the purpose of Collaborative divorce is to settle matters amicably and civilly, choosing to take a matter to the court is highly discouraged and may be to the detriment of both parties. This feature of Collaborative Divorce also enhances the possibility of a mutually pleasing outcome and encourages attorneys and clients to work in everyone’s best interest.

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Procedures for Mediation in Pasco and Pinellas Counties

The Sixth Judicial Circuit (Pasco and Pinellas Counties) recently released Administrative Order 2011-006 PA/PI-CIR which sets out the following procedures for mediation in family law matters:

Family Mediation:

a. When ordered by the presiding judge, or when automatically referred to mediation in accordance with this Administrative Order, parties must participate in mediation of family cases. Read more

Video: Professor Atwood Discusses Changes in Family Law Part 3

Barbara Atwood of the University of Arizona discusses how family law has changed in this video from Divorce TV:

Mediation FAQs

The Twelfth Judicial Circuit of Florida (DeSoto, Manatee, and Sarasota Counties) provides the following FAQs for family mediation:

What is Family Mediation?

Family Mediation is an informal meeting where the parties work out mutually agreeable settlements in Family Court cases.  Parties have the opportunity to explore options and negotiate voluntary agreements that may be submitted to the Court for approval.

Who participates?

Family Mediation provides an opportunity for parties involved in family litigation to engage in a facilitated discussion about the specific issues in their case.  Counsel for each party may attend the conference.  Other third parties may only participate if both sides agree.

What issues can be discussed?

Read more

Video: Reducing the Costs of Your Divorce

The following video from eHow describes how spouses may reduce the costs of their divorce:

Parties should utilize alternative dispute resolution techniques such as mediation to help them reach agreements and reduce time and expense.