What Are Some Alternatives to Family Court Processes?

Collaborative Family Law

When people go through a separation and divorce, it can be one of the most difficult life
experiences they have faced. The Court system is an essential service but resorting to having a Judge make decisions for the family can be painful and humiliating to spouses and traumatic
for children. The Collaborative Family Law model is recognized worldwide as a healthy
alternative to the Court system. Lawyers who practice Collaborative Family Law (CFL) have
completed extensive training and are part of a local practice group. In 2018, a study determined
that the CFL process was generally less expensive and former spouses walk away from the
process with much more satisfaction compared to those who engage in Court processes.

At the beginning of the collaborative process, the parties sign a participation agreement which
binds the parties and professionals to commit to working together to find an out-of-court
resolution. If resolution cannot be reached, the parties must retain new lawyers. The CFL
process is multidisciplinary and can include coaches, mental health professionals, parenting
experts and financial neutrals. The process relies on interest-based negotiations and allows the
parties to reach an agreement in a manner that is more cathartic and cost-effective.

Mediation

Susan Rawlings offers trauma-informed mediation, which is a process that allows parties to feel
seen, heard and empowered in the process. When individuals are triggered, they experience
one of the following reactions: flight, freeze or fawn. The mediator’s role is to ensure
psychological safety in the room and to help see everyone involved from a compassionate lens.
When parties feel safe, seen and heard, then they are more likely to come up with creative
solutions for problems. Trauma-informed mediation can be used to resolve conflicts related
to separation, divorce and child welfare disputes.

If you are interested in exploring out-of-court processes, please contact Susan Rawlings for further exploration.