Many couples want to avoid court and all of the expense, both financial and emotional, that comes with a litigated divorce. Collaborative divorce and divorce mediation are two distinct dispute resolutions that offer couples a less combative process. Each option provides unique benefits and challenges.
One mediator or two separate lawyers
In mediation, a neutral third party attorney works with both parties to develop multiple options and coaches you through various possibilities. You would not have your own attorney representing you in the mediation, but often parties have review counsel with whom they consult outside of the mediation. The divorce mediator does not provide individual legal advice to either party but instead works with the parties toward an outcome that serves both parties and their children.
The goal of collaborative divorce is similar to mediation. Both parties should walk away with a fair agreement that they have negotiated themselves. However, in the collaborative process, each spouse will have their own lawyer who advocates for them, working in team meetings with a cooperative mindset. You can seek advice from your attorney while still working toward a peaceful resolution.
When mediation is a good choice
Couples who choose mediation are often seeking more privacy since the divorce mediation process, unlike going to court, is not public. Mediation offers some benefits in that it is often less expensive than traditional divorce litigation and can usually move forward faster. Couples also report feeling that the process was less formal, more flexible and that they had a sense of control.
Both can be amicable divorce options
Even in an amicable divorce, it is expected that personal conflicts and financial disagreements can arise. Mediation and collaborative divorce both aim to address these issues without court involvement.
Each method approaches conflict in a different way. A divorce mediator can identify multiple options to move forward, but they cannot advocate for you independently. In this situation, having the ability to consult your own lawyer separately in a collaborative divorce process could be valuable.
I have extensive experience both as a neutral mediator and a collaborative attorney and can work with you in either process. If you wish to further discuss which process suits your needs, contact me or call (203) 222 8686 to schedule a consultation.