ALTERNATIVES TO LITIGATION
Parenting Plans
How to divide your child's time between households is a major issue. Consultation with a mental health professional can help. The child's age, developmental stage, personality characteristics, and special needs are taken into consideration. How the parents can best meet their child's needs is an integral part of constructing a cooperative parenting plan.
Mediation
Mediation is an alternative conflict resolution process that resolves disputed issues in a cooperative manner. This process uses a trained third party, the mediator, to come to a consensual agreement. It allows the parents to remain responsible for making decisions that affect their children's lives and well being. The process is short term and much less expensive than litigation.
Collaborative Divorce
Collaborative divorce is a method of conflict resolution which utilizes an interdisciplinary team approach in helping divorcing parents come to a resolution of their issues. The team approach offers an integrated delivery of legal services, mental health coaching services, child development input, and neutral financial information gathering. Each of these professionals is specifically trained in the collaborative approach.
Custody Evaluation
The Court (a hearing officer, commissioner or a judge) may order a custody evaluation when parents cannot agree on a parenting plan. A mental health professional is appointed to determine what custodial arrangement best meets the needs of the children.
Case Management/Facilitation
This is a relatively new alternative that is available to parents voluntarily or may be ordered by the court. Louisiana has enacted a statute that outlines the training facilitator/ case manager is required to have. the facilitator assists parents in resolving conflicts that have to do with the children, much like a mediator does, but in addition, the facilitator can make a decision when the parents cannot come to an agreement. In louisiana the facilitator makes these decisions as recommendations to the court.