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How do mediation and collaborative law compare?

On Behalf of | Jun 10, 2022 | Divorce |

When going through a divorce, the last thing you want is to spend time, money, and energy battling in court. Fortunately, even though litigation often gets the most attention, it is far from the only option available if you want to end things with your spouse/partner.

Instead, consider mediation or collaborative divorce. Both options hold some similarities while simultaneously allowing for unique benefits.

Forbes discusses some of the ways that divorcing couples can stay out of court. Mediation and collaborative law often rank on the top of the list of alternative options.

Mediation in divorce

Mediation does not need to involve retaining attorneys for each side. Both parties retain one mediator, whose job is ensuring that you and your spouse/partner can talk through any remaining issues that you couldn’t work through on your own. The mediator may be a lay person who is trained in mediation, an experienced family law attorney, or a retired family law judicial officer. The use of each may depend on the complexity of the issues involved.

Mediators work to stop arguments before they even break out. They also ensure that everyone feels like they had a fair chance to speak, and can offer unique advice from a perspective no one else has.

Mediation can also involve using attorneys to consult with during the course of the mediation because mediators do not represent either party. It may be advisable to consult with a family law attorney who you can consult on legal issues (mediators will not give either party legal advice) and also review any settlement agreement reached.

Collaborative divorce for couples

Collaborative divorce involves attorneys. You and your partner will each have your own personal representative, and meetings will take place between all four of you. Your representatives can help you understand the legal aspects of the divorce. Often times, other experts, such as a forensic accountant, to assist in financial issues, or mental health professional, to assist in child custody issues.

It can also help to speak through a professional party, as it helps remove the emotional intensity from the discussion at hand and lets everyone focus on the more important matters.

Both options will allow you to avoid the excessive expense and time that going to court will cost, as well, which is a primary benefit for many.