At a glance, collaborative divorce and mediation may seem like the same process; however, they are quite different. Both legal proceedings seek to ease the possible tension that can come from dividing marital property.
So, what are the differences of each process? Which would be best for your situation?
Collaborative Divorce
A couple can seek the guidance of collaborative divorce attorneys if each party needs their own attorney looking out for their best interests. During the collaborative divorce process, each partner will have their own attorney, as well as therapists and consultants, to help the couple reach a peaceful end to their marriage.
Important features of a collaborative divorce include:
- each spouse is represented by their own attorney;
- each spouse and attorney sign a “no court” agreement (if the case does go to court the attorneys must withdraw from the case);
- all parties negotiate the terms in four-way meetings;
- attorneys may recommend the use of collaborative professionals;
- the proceedings are informal and flexible;
- the proceedings are more efficient than litigation; and
- the proceedings are less expensive than litigation.
A collaborative divorce can be helpful if you feel you are at a disadvantage in conversations about your finances, or possibly even alimony or child support. This process can take most of the burden off your shoulders and give you the confidence to express what you need out of the divorce.
Mediation
Mediation has the potential to be a little more flexible than collaboration. In a collaborative divorce, each party is represented by their own attorney, whereas in mediation there is usually only one attorney is present; it is the goal of this simply to guide the conversation to a point of resolution. While the mediator is there to prevent any unwanted arguments, they generally don’t take the side of either party.
Important features of a mediation include:
- a neutral person (lawyer or professional mediator) to help negotiations;
- a mediator has no power to decide the case, they are simply there to guide;
- the proceedings are informal and flexible;
- the proceedings are more efficient than litigation; and
- the proceedings are less expensive than litigation.
If you choose mediation to help in your divorce proceedings, there will only ever be 3 people involved in the process. If you choose the collaborative divorce process, there could be 4 or more people involved.
Winner Law Group, LLC Can Help
Whether you choose to go with a collaborative divorce or mediation, Winner Law Group, LLC has your back. A skilled attorney with experience in all areas of the family law process, Winner Law Group, LLC and his team of attorneys will help you reach the best resolution for you and your partner.
Call today at (502) 812-1889 or contact the firm online.
