The Differences Between Collaborative Divorce & Mediation

Collaborative divorce and mediation offer a similar approach to the divorce process. Both are voluntary, often amicable, methods of divorce alternatives that resolve matters outside of the courtroom. The goal of each method is to come to a resolution that is deemed fair for both sides involved. Today, we discuss the differences between collaborative divorce and mediation to pinpoint the advantages and disadvantages of each.

Collaborative Law

Collaborative divorce is a voluntary legal process that enables couples to dissolve their marriage with the assistance of collaborative professionals to achieve a settlement that meets the needs of both parties. It is an alternative to traditional, litigated divorce and can be used to facilitate conversations around child custody, child support, and property division.

The Benefits of Collaborative Law

Collaborative law seeks to reach a fair resolution for both individuals involved. The various benefits of this alternative method include but are not limited to the following:

Cost-effective

As you avoid court fees and costs, including the additional cost of hiring an attorney to represent you in court, collaborative divorce can be more cost-effective. Additionally, with the help of a collaborative divorce team, you may be able to resolve additional issues through this process, avoiding the need for future mediation sessions or litigation.

Resolved with the help of professionals

In a collaborative divorce, each side hires their own team of professionals, including a lawyer, financial advisor, coach, etc. to help them come to a win-win resolution.

Avoid litigation

You and your spouse will sign an agreement stating that no one involved will pursue litigation. Instead, you both agree to resolve your differences with the help of your collaborative divorce team to work towards a settlement agreement that is fair.

Act in the best interests of the child(ren) involved

This process focuses on reaching a solution that keeps your child(ren)’s best interests in mind without directly involving them.

Mediation

Mediation is a form of alternative dispute resolution where you and your spouse work with a mediator, or neutral, third party, to discuss your case and figure out how to move forward. You and your spouse are in complete control over the decision-making part of this process, but your mediator is there to help facilitate and guide you through it to avoid disputes.

Benefits of Mediation

Cheaper than collaborative divorce

Mediation is generally cheaper due to less attorney involvement and court costs.

Flexible approach

As there is limited influence from an attorney during mediation sessions, you have more flexibility in terms of how you will resolve your issues

Efficient

Mediation can be more efficient that other forms of alternative dispute resolution as it allows both spouses to have their say and resolve their issues together.

The Main Differences Between Collaborative Divorce & Mediation

While both collaborative divorce and mediation have their advantages, it is important to know how they differ to determine which option is best for you. The main differences between both alternative divorce methods include but are not limited to:

  • Collaborative divorce allows both sides to utilize an attorney to look out for their best interests
  • In collaborative divorce, you can choose a team of experts to assist you
  • Collaborative divorce provides you with more peace of mind if you are not familiar with the laws surrounding divorce, child custody, spousal support, and equitable distribution in your state
  • Mediation is, generally, less expensive as attorney fees are not involved
  • Mediation offers more flexibility and control
  • Mediation is most cost-effective and efficient
  • Mediation offers more peace of mind if you would like to resolve your differences without the assistance of an attorney

Consult with an Experienced Attorney from Our Firm Today

There are many advantages and disadvantages to both collaborative divorce and mediation. If you are looking to pursue either method but uncertain as to how to start, it would be advisable to consult with an experienced attorney first. At Hembree Bell Law Firm, PLLC, we are passionate about helping our clients work through tough family law matters with care and compassion. When you feel ready, we are happy to help you get started on your divorce case.

Consult with us today by contacting us online or giving us a call at (512) 768-9737.

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