What are the Differences between Mediation and Collaborative Divorce?
Making the decision to get a divorce can be one of the most difficult choices in your life. When obtaining a divorce you can go through the mediation process or a collaborative divorce. Below our experienced and knowledgeable divorce attorneys discuss the difference between mediation and collaborative divorce.
Mediation is an alternative conflict resolution technique. Through mediation, some parties are able to resolve their differences without going to court.
A mediator, who may or may not be an attorney, will work with you and your partner as a third party to help you and your partner resolve legal disputes. In the event that your mediator drafts a Separation Agreement, the parties are advised to review its terms with individual counsel so that any issues they may have may be addressed and any required revisions can be requested. Since the mediator is impartial, they are not permitted to inform either party of their legal rights or give legal advice to either side throughout the mediation process.
Collaborative divorce is a cross between traditional divorce with lawyers and divorce mediation. Each party will have a divorce lawyer represent them.
In addition to lawyers, any necessary mental health specialists and finance experts will be present to help the parties determine the best decisions for themselves, their partner, and their children. In a collaborative divorce, the needs of the children come first, along with maintaining the relationship between the parents and the children. These negotiations happen outside of court in a collaborative divorce. The parties would need to hire new counsel to represent them in any subsequent disputed divorce action if the collaborative process does not succeed in aiding the parties in coming to an agreement.
How To Decide Your Best Option
Based on you, your spouse, and your children’s circumstances, deciding which type of divorce to go with can be difficult. It’s important to weigh the pros and cons of each option and decide what is best for your family.
Contact The Divorce Attorneys At Rodier Family Law Today
At Rodier Family Law, we understand the stress and anxiety that go along with divorce. If you are interested in learning more about the different options available when filing for divorce, call Rodier Family Law today to speak to an experienced and knowledgeable attorney.