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Deborah R. Beylus
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301 Yamato Road, Suite 4110 Boca Raton FL 33431, US

Practice Areas : Divorce Mediation

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4326 E. Tradewinds Ave Lauderdale By The Sea FL 33308

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Benefits of Using Collaborative Divorce
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Benefits of Using Collaborative Divorce

Almost every couple enters into a marriage with prospects of a bright and promising future. No one ever thinks of ending the marriage, at least not in those cheerful and sunny days after the wedding. Unfortunately, divorces do happen at a much higher rate than we think. Unlike entering into marriage, they include strong emotions such as anger, fear, and resentment. In some cases, due to a history of domestic violence, substance abuse, or lack of communication between the spouses, going to court litigation often seems like the only way to end the marriage that caused so much pain and suffering to both spouses and their families. In a traditional divorce, the judge decides on the most crucial issues related to divorce, such as child custody, marital property, family debts, etc. On the other hand, spouses who are willing to resolve the essential divorce-related issues in a friendly manner should consider a collaborative divorce process instead of going to court. At the beginning of the collaborative divorce procedure, both spouses must agree to settle all matters outside the court by signing a formal participation agreement. A collaborative divorce is a legal process in which each spouse retains a collaborative attorney to help them reach an agreement and avoid a bad outcome in court. Most people see it as a combination of traditional litigation and divorce mediation. However, although it involves attorneys, a collaborative divorce is never an adversarial process. The key to collaborative divorce is communication and cooperation. On the other hand, unlike mediation, it doesn’t include a third neutral person that facilitates the negotiations. The spouses, with the help of their attorneys, are sole participants in the talks. A collaborative divorce offers various benefits over traditional court divorce procedures. First of all, it is time and cost-effective. Going through a court divorce often takes months and drains spouses both financially and emotionally. Contrarily, collaborative divorce is an effective non-adversarial process that is typically over in a matter of days. In addition, it cost incomparably less. Secondly, whatever spouses say during collaborative divorce negotiations stays private. Contrary to litigated cases, every part of the collaborative process is confidential, and spouses don’t have to air their dirty laundry like in court divorce procedures. Furthermore, in a collaborative divorce, the spouses can predict and determine the outcome of their negotiations. There is no settlement without the consent of both parties. In court litigation, however, the spouses are often faced with the result they might not like. Additionally, unlike rigid traditional litigation procedures, collaborative divorce negotiations usually occur in an informal and relaxed setting. That helps both spouses to communicate better and enables the free flow of information. Finally, by its very name, a collaborative divorce process is an experience focused on open communication. Sometimes this process can involve a team of trained experts helping spouses resolve the most crucial divorce issues in a peaceful and non-contentious manner. In conclusion, a collaborative divorce procedure with its numerous benefits helps those spouses who are willing to talk in avoiding stressful and unpredictable outcomes of draining court litigation. It enables children to avoid an adversarial process which often puts their parents in a bad light. Besides, former spouses that went through a collaborative divorce can have better co-parenting relationships. No court litigation can achieve this. Consider Retaining a Collaborative Divorce Attorney Divorce is a difficult process for everyone involved. If you and your spouse have been fighting, it may not be the right decision to try collaborative divorce because there could still potentially be issues with communicating or any history of domestic violence between both parties in addition if one person has all rights by law while another does not. In this case we would file under "contested" which focuses more specifically on what each party deserves according to their state's laws.  Consider using the services of an experienced Collaborative Divorce Attorney and using the services of Carolann Mazza of Collaborative Solutions.  She can be reached at 954-527-4604
Complex Divorce Cases
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Complex Divorce Cases

Divorce as a life event represents a significant emotional and spiritual process that often includes strong emotions like anger, fear, and resentment. As a legal process, its complexity can vary. In some cases, spouses have no trouble reaching an agreement on some of the most crucial issues related to divorce, such as child custody, marital property, debts, etc. However, it is far more often that a dispute arises exactly around those and several other issues. That demands a complex legal procedure involving spouses, their attorneys, and numerous experts from various fields. For a divorce to be complex, it usually must include a high net worth of marital estate, large family businesses, significant debts, and child custody issues in case of combative behavior of spouses. In general, the marital estate includes assets and liabilities acquired during the marriage. Bearing that in mind, it is worth noting that not all assets acquired during the marriage fall into the category of the marital estate. There are exceptions such as gifts, inheritance, and property gained before the wedding. But that’s when things get more complicated. Firstly, the process of tracing the original property value can be tangled and require the help of property valuation experts. Namely, the value this property has gained throughout the marriage is also part of the marital estate. When it comes to real estate and commercial property, determining the fair market value is essential. Establishing the net worth of the property requires the deduction of any outstanding liability on the property. Of course, this also requires the involvement of property valuation and financial experts. The same applies to cases of business interests valuation in jointly held businesses by the spouses. Determining who contributed more money and energy into a closely-held family business can be time-consuming and financially draining. Additionally, there are complex debt issues involved that require the assessment of debt distribution and tax implications. That is vital in the case of assets and investments in other countries. Resolving complex divorce disputes is usually entrusted to a judge and a jury in litigation. On the other hand, there are alternative methods such as mediation. Both procedures have their pros and cons. Often, the choice between the two is up to the disputing parties and their preferences. One of the reasons why mediation is a better alternative is that various aspects of personal and financial life become public in litigation. Contrarily, a mediation procedure guarantees confidentiality in that regard. In either case, when dealing with complex divorce, it is crucial to seek a lawyer knowledgeable and experienced in high-end divorce cases. Divorce specialists’ expertise is decisive in handling various business, property, and tax issues typical for high net worth divorce cases. Besides, coordinating between numerous experts and their case valuations requires in-depth knowledge from various fields of expertise. Understanding complex tax issues, business value assessments, and forensic reviews are critical for representing the client involved in a complex divorce case. For that reason, choosing a complex divorce specialist is an indispensable precondition for a successful and painless divorce.
Mediation and Arbitration
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Mediation and Arbitration

The methods of alternative dispute resolution (ADR), including mediation and arbitration, have become an increasingly popular alternative to lawsuits, given the constraints, time, and resources associated with court cases. These methods allow the disputing parties to reach a mutually agreeable settlement without the uncertainty and stress of formal litigation. Mediation and arbitration come with numerous other benefits, including complete confidentiality of the process, facilitated discussions, the cost-saving factor, and the ability to achieve a settlement in a matter of hours and days instead of months or years.  For these and other reasons, mediation and arbitration clauses are integrated into various contracts, including employment contracts, construction agreements, manufacturing agreements, and other contracts where parties give priority to mediation or arbitration processes or waive the right to trial by jury altogether. Although many individuals use the terms mediation and arbitration interchangeably, there is a distinct difference between these two. It is essential to understand this difference to choose the most effective way to settle a dispute and make the best use of each of these methods. Mediation Unlike arbitration or litigation, mediation is a non-binding process of settling disputes facilitated by a mediator. A mediator represents neither of the parties and participates in the process with the sole purpose of facilitation. Contrary to arbitrators, mediators do not make any decisions in a dispute. They cannot force either of the parties to come to an agreement. Instead, mediators help parties understand the consequences of their choices and consider the legal position and arguments of the other participants. Mediation allows for a more informal process while providing for complete confidentiality. Most often, the parties who agree to mediation and make a sincere effort to settle their claim are able to reach a settlement in a short time at a fraction of the cost of litigation. Finally, if the parties don't come to an agreement through mediation, they may proceed to litigation. Arbitration The arbitration is the process resembling a lawsuit in which the parties present their case to the panel of arbitrators who have the final say in the dispute. In binding arbitration, the participants are bound by the arbitration panel's decision and cannot proceed to trial. In non-binding arbitration, the parties get the decision from the arbitration panel, but they can move the case forward and try their chances in court if they choose to. Most often, the arbitrators are lawyers with extensive experience in the area of a dispute. The arbitration process comes with the value of having the panel of professionals review and settle the case instead of resolving it in front of a judge or a jury. The arbitration also offers complete confidentiality and is much cheaper than a full-blown lawsuit. Summary Mediation and arbitration clauses are included in many contracts and provide an effective means to dispute resolution while keeping the dispute itself confidential. These methods for alternative dispute resolution provide cost and time saving and offer the participants a more informal setting, facilitating the discussion and settlement. Those interested in alternatives to a formal lawsuit would benefit from the services of professional mediators and arbitrators, possessing extensive experience in the area of the dispute and well-versed in alternative dispute resolution through mediation or arbitration. Consider visiting with Torres Mediation for an assessment with one of our experienced mediators at (321) 821-9995.

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