The GREEN DIVORCE is a process designed to:
REDUCE stress, conflict, unnncessary litigation, time, and expense
REUSE financial documents, experts and consultants, and family resources; and
RECYCLE marital assets into separate sustainability, old problems into new creative solutions, adversarial trials into collaborative settlements
In a Green Divorce, the parties achieve their separation through a series of mediated settlement conferences. Issues are settled by mutual agreement of the parties themselves, rather than by a judge. Resolution is achieved through a holistic approach with the help of several professionals trained to address a variety of issues. The Green Divorce allows couples to address their separation from a cooperative, rather than an adversarial platform. It provides both parties with the knowledge and support they need to negotiate a major life transition with as little damage to their families and themselves as possible.
Isn’t the Green Divorce really a “green separation”?
The Green Divorce is most effectively applied to the separation process. However, it can include an uncontested divorce after the parties have been separated for at least one year per North Carolina law. The goal is to have all issues settled before filing the actual divorce.
How does a Green Divorce work?
The Green Divorce has seven distinguishing traits that make it a success:
Mediation- Parties focus on settlement instead of litigation, so the process is client-based instead of lawyer-based.
Collaboration- The Green Divorce includes sessions with a therapist, a tax professional, a financial planner, or a combination of the three. This feature offers clients the opportunity to have their questions answered and their concerns addressed by a variety of experts, so that each party can make the most informed decisions possible.
Joint Settlement Conferences- The parties and their mediator meet in several conferences designed to maximize the problem-solving abilities of each participant and reduce unnecessary conflict and stress.
Full disclosure– Both parties “put their cards on the table” from the beginning so issues can be dealt with directly and honestly. Each party brings all documents and information available to every meeting. All information is shared.
Needs-based Negotiation- Participants agree to use various communication techniques to better understand one another’s needs. The focus is on problem-solving instead of “winning” or “beating” the other party.
Future-focused- The mediator and other professionals involved in the process help the parties move past what caused the dissolution of the relationship and to focus instead on what is best for the family as a whole in the future.
Jointly-retained experts- The parties hire the same experts such as psychologists, appraisers, business valuators, and accountants, thus reducing costs and duplicative information.
Success- Success is measured in the short-term satisfaction of resolving all outstanding issues efficiently, and in the long-term happiness of both parties and their children as they move through the transition and into a new phase of their lives in a positive way.
What happens if the Green Divorce process doesn’t work?
If negotiations break down, the parties still have traditional litigation, mediation or arbitration methods available. Plus, a majority of the information gathering needed to start litigation will be complete, typically saving thousands of dollars and months of time. However, statistics show that the settlement rate (and overall satisfaction) of parties who use collaborative methods like those in the Green Divorce is much higher than those who resolve their problems in court.
Does the mediator represent me or my spouse/partner?
The mediator, although a licensed attorney, does not represent you or your spouse/partner. The mediator's role will be to guide you to settlement, not to dispense legal advice. In fact, the mediator is ethically barred from offering either you or your spouse/partner legal advice and you will have the opportunity to consult with an attorney at any time during the process. It is important to understand, however, that although the mediator is licensed to practice law, he/she will not be operating in that capacity during the Green Divorce. Rather, he/she will serve as a neutral third party who is trained to brochure compromise and settlement, rather than animosity and litigation.
Why should I settle my matter outside of the courtroom? I want my day in court!
Litigation is generally time-consuming and expensive. It can also be emotionally exhausting and needlessly adversarial for your family. The Green Divorce gives you the option of transitioning to a new chapter of your life while still preserving civility and stability in your family to the greatest extent possible. By combining the expertise of several professionals normally involved in the separation/divorce process into one holistic approach, the Green Divorce offers your family the opportunity to receive the knowledge, advice, and support required to minimize the emotional and financial damage inherent in the separation/divorce process.
The Green Divorce is a comprehensive collaborative apporach to non-litigation based resolution. For more information, please contact us at 1-866-783-9669, or via our online contact form, to get started towards a sustainable future.