Divorce is a challenging time for anyone. Many couples take their case to court. However, there are alternatives to these contentious battles. Mediation and collaborative divorce are gaining in popularity.
What is the difference between mediation and collaborative divorce? We will look at a few factors to help you choose the right option for your situation.
Mediation vs. Collaborative Divorce
Mediation is a voluntary process. The mediator helps divorcing spouses negotiate and resolve issues involving:
- Property division
- Child custody
- Spousal support
- Parenting plans
Since they are a third party, the mediator does not take sides, provide legal advice, or make decisions for the couple. Instead, they help the parties reach mutually agreeable solutions.
Collaborative divorce is another out-of-court process that works to resolve divorce disputes through cooperation. Unlike mediation, there is a structured team approach as outlined in the Uniform Collaborative Law Act.
Each spouse hires their own attorney trained in collaborative law. The spouses and their lawyers commit to resolving issues without resorting to litigation. This is done by signing a participation agreement that mandates withdrawal from the case if either party decides to take the matter to court.
What Are the Differences Between These Options?
While both mediation and collaborative divorce resolve disputes outside of court, this is done in different ways. Let’s look at how they vary in their approach to divorces.
Legal Representation
During a mediation session, lawyers are not required. However, each couple can still consult with their attorney for legal advice.
With a collaborative divorce, each party has their own attorney who participates in negotiations. These lawyers provide legal guidance throughout the process.
Neutral Parties
In divorce mediation, a neutral third-party mediator facilitates discussions between the couple but does not advocate for either side. Their role is to assist both parties in reaching a mutually acceptable agreement while remaining impartial.
In contrast, a collaborative divorce is a team-based approach. While the attorneys represent their respective clients, there is also a team of professionals who may be involved to support both parties. This team can include a mental health professional and a financial neutral, both of whom help address emotional or financial aspects of the divorce. Importantly, while these professionals are highly beneficial in the collaborative process, their involvement is optional, depending on the specific needs of the couple.
Additional Professionals
In both mediation and collaborative divorce, the couple may choose to consult additional professionals, such as real estate experts or child specialists, to address specific issues like asset division or parenting plans. In a collaborative divorce, these experts are often part of the team but their involvement remains flexible, based on the situation and the couple’s preferences.
Cost and Time
Since there is no legal team, mediation is slightly less expensive. This process is often faster because it focuses on direct negotiation between the parties.
While still less expensive than litigation, collaborative divorce can be more costly than mediation due to the involvement of lawyers and other professionals. Since it is more structured, this process may take longer to resolve.
Level of Cooperation
The success in mediation depends on the willingness of both parties to negotiate in good faith and work towards a compromise. If there are conflicts or a power imbalance, that can lead to difficulties.
With a collaborative divorce, the presence of lawyers and professionals manage conflict. As a result, both parties have a voice. This is a better option for cases where cooperation is possible, but more structure is needed to reach an agreement. .
Which Option Is Right for You?
The choice between mediation and collaborative divorce depends on your specific circumstances. Mediation may be ideal for couples who can communicate with each other. Plus, it is an option for those seeking a cost-effective resolution.
On the other hand, collaborative divorce is best suited for those who require more guidance, legal advice, and professional resources to reach an agreement on child custody, asset division, and other issues.
Explore Alternative Methods to Litigation
Fortunately, both methods provide privacy, reduced stress, and a focus on an amicable resolution. For many, they are a preferable alternative to traditional litigation. Now that you know the difference between mediation and collaborative divorce, you can choose the right option for your situation.
If you would like to learn more about collaborative divorce or other options, reach out to Choice City Family Law. We can help you find the right solution when it comes time to end your marriage. Contact us today to schedule a consultation.
