Collaborative Divorce & Mediation similarities:
Collaborative Family Law, as a process, is based on:
• a pledge not to go to court,
• an open exchange of information and
• on reaching the best possible agreement for your family.
Similarly, The Missouri Supreme Court describes Mediation as "a process in which:
• a neutral third party
• facilitates communications between the parties
• to promote settlement." Rule 17.01.
Mediation & Collaborative Divorce differences:
In mediation (compared to Collaborative Family Law), the parties are:
• often not represented by lawyers and can be
• negotiating without the benefit of legal counsel or representation.
A third difference, often overlooked, is that of process vs. event. Collaborative Law is an ongoing process, while mediation is most often a one day event.
In the collaborative process, each client has the support, protection and guidance of his or her own attorney who works with the collaborative team.
The collaborative team often includes a neutral mental health professional and a neutral financial professional. Other professionals may be included depending on the needs of your family. Each client has the option of choosing the professionals with whom they wish to work.
The collaborative process recognizes that even though a legal agreement to end a marriage is being sought, relationships and obligations may continue especially if children are involved. This process helps all family members move forward in a positive way and minimizes the pain of a very emotional and difficult transition.
Mr. Ostermueller is experienced at:
1. use of this interdisciplinary model of collaborative practice and
2. also as neutral/ Mediator (e.g., serving the issue-based interests of otherwise opposing parties).
• served as a neutral financial/ valuation Mediator in closely-held business disputes,
• been solicited for Third Appraiser assignments (E,g,. named by opposing business appraisers to independently resolve differing opinion results),
• Been retained by both parties’ attorneys regarding settlement of valuation or other financial-based issues,
• practiced as a Management Consultant to clients of two international CPA firms,
• been named by the AICPA to its recommended panel of CPA Arbiters for business valuation-related issues and,
• been trained as a Mediator in MO (completed MO Supreme Court-Rule 17.01 mediator training; i.e., attended/completed the mediator training course at the University of MO-Columbia Law School).
He is also a member ofThe International Academy of Collaborative Professionals
and ofThe Missouri Collaborative Institute.