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Mediation & Collaborative Law

Carmel Divorce Mediation Attorneys

Mediation is an alternative dispute resolution, which allows a couple to amicably go their separate ways. Collaborative divorce is a process by which couples work through issues of child custody, parenting time, division of financial assets and payment of marital bills and expenses through non-litigation techniques guided by specially-trained, experienced family law attorneys with the assistance, if necessary, of collaboratively trained professionals, such as child and financial specialists. Divorce doesn't have to be emotionally or financially draining, and mediation proves that. Over the years, we, the skilled legal team of Carmel divorce mediation lawyers at Roberts Means Roncevic Kapela, have noticed an upward trend for divorcing couples to choose mediation as a way to settle their divorce.

We encourage couples to explore this option first before resorting to costly and stressful court battles, which can be draining on children as well as family members. Drawing from our vast experience managing high-conflict family issues, we are equipped to provide effective representation in complex divorce mediation & collaborative law matters.

Call (888) 211-3888 today!

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Is Collaborative Divorce Right for Me?

The collaborative model is designed to assist divorcing spouses work through their disputes constructively and peacefully. This allows both parties to move forward as individuals with dignity and respect without the post-traumatic stress that often accompanies divorce.

The collaborative practice requires both parties to provide full disclosure of all relevant issues and facts involving the children, as well as a full disclosure of all financial assets and liabilities. Both parties exchange all information and documentation necessary to make informed decisions regarding custody, parenting time, and division of the marital estate. Moreover, each party is given the time necessary to process, evaluate, and apply the information to his/her individual circumstances. Through collaboration and communication, parties are able to resolve their differences in such a way that is beneficial to both.

Collaborative dissolution is for anyone who doesn't want to ruin his/her life by divorce. Divorce is never a happy experience, but collaborative practice makes it as good as it can be. If you are interested in collaborative divorce, call any member of our collaborative team.

Benefits of Divorce Mediation/Collaborative Divorce in Indiana

As your collaborative divorce attorney in Carmel and Indianapolis, our job at Roberts Means Roncevic Kapela is to facilitate an environment that encourages respectful communication between all involved parties. We personally walk you through the process, helping to make this transition as smooth as possible. Collaborative divorce is an increasingly popular method of negotiation, due to the mutually beneficial outcome it facilitates.

The advantages of family law mediation include the following:

  • Time: Couples who decide to divorce do not make the decision quickly. It has been a long-term process that has involved a lot of thought and discussion. Once the decision to divorce has finally been made, many clients are disappointed at the length of time it can take to resolve the dissolution action and finally be divorced. In litigation cases, the parties are subject to the court's calendar. Divorce cases are often set several months in advance, and then may be continued if set behind other civil cases and criminal jury cases. The delay in actually getting to court may have a negative financial and/or emotional impact on the parties. In collaborative cases, the parties schedule their meetings at times that suit their schedules. They produce documents and records and respond to inquiries informally during 4-way meetings (parties and counsel) with open dialogue. There are no time restraints, and the parties are free to work through the dissolution or post-dissolution issues on their timetable.
  • A view of the whole picture: In a litigation-track divorce, parties work independently of one another, and his/her case is developed from information that he/she knows or has specifically requested from the other party. In such cases, parties do not always see the broad picture until they are close to, or at, trial. In collaborative cases, the parties meet in 4-way meetings, and open dialogue is encouraged so that parties and counsel understand all of the issues. This open dialogue saves time in that cases are developed with all pertinent facts known. It also saves attorney fees in that formal discovery requests (Interrogatories and Request for Production of Documents) are not necessary. Parties who know the whole picture are able to carefully consider the information and make informed decisions about their future.
  • Command your own destiny: It is true that a party may "command his own destiny" in litigation track cases through settlement negotiation and alternative dispute resolution (ADR), i.e. mediation. However, in litigation track, such negotiations and ADR occurs toward the final stages of the case, and often just before the trial setting. And if a case is not settled prior to trial, it is subjected to the Court for complete decision making. When a case is tried, the parties have no control over the court's decisions, as those decisions are at the discretion of the court. In collaborative cases, parties begin 4-way meetings right away and decisions can be made during the process after presentation and collaboration of the facts and issues. The collaborative process allows the parties to have a say in their future and the future of their children from the very beginning.
  • Maintain respect and civility: Parents who are divorced are forever linked to the ex-spouse. They will see each other at times such as sporting events, graduations, weddings, and grandchildren's birthday parties. Parents who are respectful and civil are often welcomed by the children at these events, while parents who are bitter and angry are not. Collaborative practice allows the parties to divorce in such a way that respect and civility is maintained. The parties jointly make decisions about custody, parenting time and division of debts and assets, but they also discuss communication techniques and "rules of the game," such as when significant others will be introduced to the children, same/similar parenting rules, punishment guidelines and commitments to avoid negative statements about the other in the presence of the children.
  • Save money: Last, but certainly not least, is the savings of attorney fees and litigation costs. Collaborative practice does require legal services such as conferences with clients, attendance at 4-way meetings, review of financial documentation and information, preparation of summaries and proposals, and preparation of final Agreements and Decrees. However, there are many costs that are not incurred, such as deposition fees, exhibit preparation (only for the hearing to be continued and exhibits are redone at a later date), custody evaluations, discovery requests, and expert witness fees. If "experts" are needed, collaboratively trained professionals (i.e. child and financial specialists) are engaged as neutrals to work with the parties to resolve issues. The costs related to these specialists are, more often than not, less expensive than hiring an expert witness such as a custody evaluator or a forensic accountant. The time effectiveness of collaborative practice results in financial savings to the parties because marital bills and expenses are addressed early in the process. Parties often save money to service credit card debt and marital residence expenses during the divorce process because collaborative cases can be finalized sooner than the matter can be tried and resolved by judicial decree.

Minimizing Conflict So You Can Move On With Your Life

If you are interested in mediation, our firm can guide you through the entire process, step by step. We will carefully listen to your needs, provide you with reliable counsel, and negotiate on your behalf. We will communicate directly with your spouse's attorney and ensure that your rights and interests are always protected. We will do whatever it takes to help you walk away with the positive case outcome you desire. When you choose to retain our firm's legal services, you can feel confident in knowing your matter is in good hands.

Collaborative Law: Enabling More Peaceful Divorce Negotiations

A collaborative divorce is an excellent option for two individuals who are ready to end a marriage, but want to do so in as peaceful a manner as possible. Through thoughtful negotiations, both spouses can reach an agreement that is mutually beneficial, without the added stressor of the presence of a judge or divorce court. During a collaborative divorce, your Carmel & Indianapolis collaborative divorce attorney is responsible for facilitating negotiations, ensuring that all legal requirements are met as assets are divided, child custody is negotiated, and spousal support terms are set.

What are the benefits of working with a Indiana collaborative divorce attorney?

  • Settling your divorce without the stress and expense of court
  • Maintaining a level of mutual respect between all parties
  • Higher level of protection for any children involved
  • Personally negotiate settlements, increasing the likelihood that the final agreement will be mutually beneficial
  • Gentle direction by your attorney for each settlement meeting, increasing productivity

We will be glad to answer any questions, and help you decide whether collaborative divorce is right for you! Call our Carmel collaborative divorce lawyers at (888) 211-3888 today!

Why Choose RMRK?

Qualities that Break the Stereotype
  • Placing a focus beyond the case to understand our clients’ objectives and big-picture goals.
  • Listening to and collaborating with our clients to develop a shared strategic vision.
  • Accomplished attorneys who are annually rated by their peers for inclusion on the prestigious list of Indiana SuperLawyers.
  • Unafraid to make difficult decisions and eager to confront the challenges facing our clients.

Commonly Asked Questions

Can divorce mediation help with child custody arrangements in Indiana?

Yes, divorce mediation can significantly assist with child custody arrangements in Indiana. Mediation provides a platform for parents to discuss and negotiate the terms of custody and parenting time in a constructive and non-adversarial environment. This approach encourages cooperation and can result in a parenting plan that is in the best interests of the children, while also being acceptable to both parents. It often leads to more stable and amicable post-divorce relationships, which is beneficial for the children's well-being.

Is collaborative divorce less stressful than traditional divorce litigation in Indiana?

Collaborative divorce is generally considered less stressful than traditional divorce litigation in Indiana. The collaborative process focuses on open communication and cooperation between the parties, with the support of collaboratively trained professionals. This approach encourages spouses to work through their disputes peacefully and constructively, reducing the emotional turmoil and adversarial nature often associated with court battles. As a result, collaborative divorce can lead to a more dignified and respectful resolution, minimizing post-traumatic stress for all involved.

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Discuss the Details of Your Divorce Mediation Matter

If this is the first time you have ever heard of mediation, you probably have a few questions about how it works and what you can expect. This is why we warmly encourage you to request an initial consultation with our Carmel & Indianapolis collaborative divorce lawyers at your earliest convenience. We proudly serve families in Carmel, Indianapolis, and throughout Central Indiana.

Please contact us today at (888) 211-3888 for more information about how our Carmel divorce mediation lawyers can assist you.

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