“Sometimes The Questions Are Complicated And The Answers Are Simple.”

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Choosing between mediation and collaborative divorce

On Behalf of | May 29, 2024 | Divorce Mediation

Deciding how to proceed with your divorce is crucial, especially if you aim for a resolution with minimal conflict. Many people seek alternatives to traditional court battles, opting for approaches like collaborative divorce or mediation.

At first glance, these two approaches might seem similar, with both aiming to avoid the adversarial nature of traditional litigation. In reality, they differ significantly in structure, the involvement of professionals and the overall process. Understanding these differences is crucial in making an informed decision that aligns with your goals.

Understanding a collaborative divorce

In a collaborative divorce, you and your spouse agree to resolve your differences amicably. Both parties work closely with their lawyers to negotiate a fair agreement. Unlike in traditional divorce, if the collaborative process breaks down, neither lawyer can represent their client in court. This rule helps ensure everyone’s commitment to the collaborative process.

Furthermore, a collaborative divorce involves more than just your lawyers. You might find yourself working with divorce coaches, child specialists and financial advisors. This team is especially helpful if you are dealing with complex issues like arranging custody for children with special needs or dividing complex assets.

The benefits of mediation

On the other hand, mediation involves a neutral third-party, called a mediator, to help both spouses find common ground and resolve disputes. Their role is to facilitate discussions and help you work toward an agreement. They do not make the decisions for you.

Mediation can be quicker and less expensive than traditional divorce proceedings. It also tends to be less formal, which can reduce stress and help maintain a more amicable relationship between spouses after the divorce.

The choice between collaborative divorce and mediation depends on your unique circumstances and relationships. Whether you require the structured support of collaborative divorce or the flexible approach of mediation, remember that the path you choose will lay the foundation for the next chapter of your life.