3 Differences Between Collaborative Divorce and Mediation
Sep 11, 2019
Reaching a decision to end your marriage can be one of the most difficult things that you do in your lifetime. Once you have determined that dissolving the marriage is in the best interest of both parties, you will need to determine the best way to go about getting divorced.
Divorcing couples have a few different options available to them. If you feel that your divorce will be amicable, you can choose to rely on either collaborative divorce or mediation to help you and your spouse come to an agreement regarding the terms of your divorce.
Both collaborative divorce and mediation can be cost-effective and non-confrontational ways to end a marriage, but there are some differences between the two processes. Understanding these differences will allow you to choose the method that makes the most sense for your divorce.
1. Number of Parties Involved
One of the primary differences between a collaborative divorce and mediation is the number of parties that will be involved in the process. Mediation requires only you, your spouse, and an experienced mediator to help guide the process. Either spouse can hire an attorney to assist with mediation if they wish, but most forego legal representation to keep costs as low as possible.
Collaborative divorce requires that more people get involved in the divorce process than mediation. Both spouses will hire an attorney to represent their interests, and these attorneys will schedule meetings with financial counselors, mental health professionals, parenting plan specialists, and other professionals to offer expert advice in all areas of the divorce.
Having the help of these professionals will help ensure you don't overlook any important details, but it can increase the cost of your divorce proceedings.
2. Time to Completion
Divorces that are resolved amicably between spouses typically take far less time to complete than divorces that are contested. Mediation can be one of the quickest ways to obtain a divorce.
Assuming that you and your spouse are on the same page regarding the distribution of assets, the creation of a parenting plan, and the splitting of financial obligations, you can complete your divorce in a single mediation session. The average number of sessions needed to complete a mediated divorce is three to four
.
Collaborative divorce can be just as amicable as a mediated divorce, but the timeline for this type of divorce will be longer. The addition of professional advisors and experts to the process requires that multiple schedules be coordinated in order to complete a single discussion session.
The longer time frame of a collaborative divorce does allow for a thorough examination of all aspects of your marriage to ensure that your divorce is fair and equitable for both parties.
3. Neutrality
Another area where collaborative divorces and mediation differ is in the neutrality of the parties. A mediator is a completely neutral third-party whose primary purpose is to identify problems and guide couples to a mutually beneficial resolution.
A mediator offers information, as opposed to the advice that will be offered by the attorneys involved in a collaborative divorce. Each attorney will be dedicated to securing the most favorable outcome for his or her client during collaborative divorce proceedings.
Both attorneys will agree to avoid combative tactics in reaching a divorce agreement, but there is no neutrality required.
Divorce is often thought of as a costly process, but it doesn't have to be. You can rely on collaborative divorce or mediation to help you and your spouse reach a mutual agreement without incurring hefty legal fees and court costs.
Contact
Budget Divorce Center for more information on using collaborative divorce or mediation to help you reduce divorce costs in the future.
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