Going through a divorce is tough, no matter the circumstances. One of the most difficult parts is trying to identify what type of divorce process to go through.
Should you go the traditional route and hire a lawyer? Or, should you try something different, like mediation or collaboration?
If you’re not sure which one is right for you, keep reading. We’ll outline the key differences between mediation and collaboration so that you can make an informed decision about what’s best for you and your family.
Also Read: 15+ Tips to Surviving Divorce (and Thriving afterward)
What is Mediation?
Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party who helps disputing parties reach an agreement.
The mediator’s role is to facilitate communication and help the parties find common ground.
However, the mediator cannot make decisions on behalf of the parties or force them to come to an agreement.
The key features of mediation are:
– A mediator is an impartial person who helps you during the negotiation process.
– The process is confidential
– It’s usually less expensive and quicker than going to court
– You have more control over the outcome
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What is Collaboration?
Collaborative law, also known as collaborative practice or collaborative divorce, is a process in which both spouses work with their respective attorneys to reach a settlement outside of court.
All decisions are made jointly, and each spouse has their own attorney to advise them throughout the process.
The key features of collaboration are:
– Both sides have their own attorney
– All decisions are made jointly
– The process is confidential
– It’s usually less expensive and quicker than going to court
– You have more control over the outcome
Both mediation and collaboration have their pros and cons, which we’ve outlined below.
Pros of Mediation:
– It’s typically quicker and less expensive than going to court
– It’s more amicable than going to court since it doesn’t involve winner/loser mentality
– You and your spouse have more control over the final outcome since you’re coming to an agreement together
– You can resolve conflict without resorting to litigation
– Can be used for other types of conflict such as child custody or business disputes
– Open communication may improve the relationship with former spouse post-divorce
Cons of Mediation:
– Requires good faith participation from both parties
– May not be suitable for couples with a power dynamic issue
– Not all issues can be solved through mediation (e.g., mental illness)
– Some mediators lack training or experience in handling complex cases
– Outcome may be unfair if one spouse feels pressured into an agreement
– Could extend conflict if not handled correctly by a mediator
-May require legal consultation eventually anyway since settlement must be approved by a court
Pros of Collaboration:
– cheaper than going to court
– often quicker than going through traditional divorce proceedings
– Great way to preserve relationships post-divorce
– Power dynamics are equalized since both spouses have their own attorney
– All decisions are made jointly so there’s no winner/loser mentality
– Can be used for other types of conflict such as child custody or business disputes
Cons of Collaboration:
– Not appropriate if there is true animosity between spouses
– Both parties must sign a Participation Agreement promising not to go to court
-Requires good faith participation from both parties
– Some attorneys may not be trained in collaborative law
-Could extend conflict if not handled correctly by attorneys or other professionals involved in the process
– You may still have to go to court if you can’t come to an agreement
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So, which process is right for you?
That depends on your specific situation. If you and your spouse are able to communicate well and are committed to working together to reach an agreement, mediation or collaboration may be a good option for you.
However, if there is a lot of conflict between you and your spouse, or if one spouse feels like they have more power than the other, mediation and collaboration may not be the best option. In these cases, it may be best to go through the traditional divorce process.
If you’re unsure which process is right for you, we recommend talking to a divorce attorney to get their professional opinion.
Conclusion
Choosing the right approach for your divorce depends on many factors, including your relationship with your soon-to-be ex-spouse, your budget, and whether or not you want to preserve your relationship post-divorce.
If you’re having trouble deciding which route to take, we recommend speaking with a qualified professional who can help guide you through the process.
FAQ About Mediation and Collaboration
What’s the difference between mediation and collaboration?
Mediation is a process in which a mediator helps couples come to an agreement on various issues related to their divorce.
In contrast, collaboration is a process in which both spouses work with their respective attorneys to reach a settlement outside of court.
All decisions are made jointly, and each spouse has their own attorney to advise them throughout the process.
What are the benefits of mediation?
Some of the benefits of mediation include:
– It is usually faster and less expensive than going to court
– It can help preserve relationships post-divorce
– All decisions are made jointly, so there is no winner/loser mentality
What are the benefits of collaboration?
Some of the benefits of collaboration include:
– It is usually faster and less expensive than going to court
– It can help preserve relationships post-divorce
– All decisions are made jointly, so there is no winner/loser mentality
Can I go to court if we can’t come to an agreement in mediation or collaboration?
If you’re unable to reach an agreement through mediation or collaboration, you may have to go to court.
Speak with a qualified professional to learn more about your options.
What are the risks of mediation?
Some of the risks of mediation include:
– The process could extend conflict if not handled correctly by the mediator or other professionals involved in the process
– You may still have to go to court if you can’t come to an agreement
What are the risks of collaboration?
Some of the risks of collaboration include:
– The process could extend conflict if not handled correctly by the attorneys or other professionals involved in the process
– You may still have to go to court if you can’t come to an agreement
What are the pros and cons of mediation?
Some of the pros of mediation include that it’s typically quicker and less expensive than going to court, it’s more amicable than going to court since it doesn’t involve winner/loser mentality, and you and your spouse have more control over the final outcome.
Some of the potential cons of mediation include that it might not be successful if you and your spouse can’t come to an agreement, it requires both spouses to be willing to compromise, and important decisions that need to be made in a short period of time.
What are the pros and cons of collaboration?
The potential pros of collaboration include that it can be less expensive and quicker than going to court.
It’s often more amicable than litigation, and you and your spouse have more control over the final outcome.
The potential cons of collaboration might include that not all cases are suited for collaboration, both spouses need to be willing to work together and compromise, and important decisions need to be made in a short period of time.
What’s the difference between mediation and arbitration?
Mediation is a process in which a mediator helps couples to come to an agreement on various issues related to their divorce.
In contrast, arbitration is a process in which both spouses present their case to an arbitrator, who then makes a binding decision on all issues related to the divorce.
What are the pros and cons of arbitration?
Some of the potential pros of arbitration might include that it can be less expensive than going to court, it’s often more amicable than litigation, and you and your spouse have more control over the final outcome.
The potential cons of arbitration might include that not all cases are suited for arbitration, both spouses need to be willing to work together and compromise, and important decisions need to be made in a short period of time.
What’s the difference between mediation and litigation?
Mediation is a process in which a mediator helps couples to come to an agreement on various issues related to their divorce.
In contrast, litigation is a process in which both spouses present their cases to a judge, who then makes a binding decision on all issues related to the divorce.
What are the pros and cons of litigation?
Some of the potential pros of litigation might include that it can be less expensive than going to court, and you and your spouse have more control over the final outcome.
The potential cons of litigation might include that not all cases are suited for litigation, both spouses need to be willing to work together and compromise, and important decisions need to be made in a short period of time.
What are some additional online resources for couples considering mediation or arbitration?
Some additional online resources for couples considering mediation or arbitration might include the American Bar Association’s website, which has a section on Alternative Dispute Resolution, and Mediate.com, which is a website that provides information on mediation and arbitration.