You probably have heard many things about mediation and collaborative divorce. Therefore, if you are about to get a divorce, you might be feeling confused about which option to choose.
So, which option between mediation and collaborative divorce is right for you? Simply put, which option is right for you is determined by;
- the unique circumstances of your case,
- the availability of good collaborative Lawyers or mediators, and
- your individual preferences.
To determine which option between mediation and collaborative divorce is best suited for you, you should consult a qualified professional. A professional, such as a divorce attorney, can assess your case and advise you accordingly.
Mediation
Mediation is an alternative to divorce litigation that involves the use of a neutral third party called a mediator. In mediation, a mediator cannot take sides or make any decisions for the involved parties.
It is important to note that attorneys for each party will be present during the mediation process.
Collaborative Divorce
Collaborative divorce involves the use of a collaborative lawyer. In a collaborative divorce, each spouse retains a collaborative lawyer to represent him or her. The main duty of a collaborative divorce is to try his or her best to get a favorable outcome for his or her client.
Differences Between Collaborative Divorce and Mediation
The first difference between collaborative divorce and mediation is the number of professionals involved. While mediation involves the use of one mediator, collaborative divorce involves the use of two lawyers, and, sometimes, other outside professionals, including custody specialists and financial experts.
The second difference between the two options has to do with neutrality. A mediator is a neutral third party who does not take sides. On the other hand, your collaborative attorney can only defend you. Also, while mediators empower clients to make their own decisions, collaborative attorneys give advice to their clients and often tell parties what they need to do.
Thirdly, there is a difference in cost. The difference in cost can be the result of many factors so it is important to discuss mediation and collaborative divorce with your attorney before making a decision as to which option is best for you. Your lawyer will advise you on this issue as well as all pending issues in your case.
Lastly, there can be a difference in the amount of time it takes to go through mediation and the time it takes to go through a collaborative divorce. Generally, mediation is quicker because it typically involves one meeting (in most cases) during which full resolution can be reached. The collaborative divorce process can take longer and proceed in steps; however, in some complex divorces, this multi-step process can be more beneficial to reach an overall settlement agreement.
Which Option Should You Choose?
As earlier mentioned, the option you should choose is dependent on the specifics of your case, the availability of good collaborative attorneys or mediators, and your individual preferences. But generally, you have two choices.
The good news is that parties have multiple choices to resolve cases prior to resorting to litigation. This can save money and eliminate a good deal of uncertainty from the process.
