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What are the Differences between Mediation and Collaborative Divorce?

What are the Differences between Mediation and Collaborative Divorce?

When it comes to Mediation vs. Collaborative Divorce, our clients often have tons of questions to ask. One of these questions is the difference between these two elements of divorce.

Although neither of these options is best or perhaps, worst... rather depends on the nature of your case.

A mediator is there to help you negotiate, but has no power to decide the case or offer any legal advice. What determines the approach you adopt lies in your individual preference, the nature of the case, and the availability of good mediators or collaborative attorneys.

A collaborative divorce is sometimes a great option if you need an attorney to look out for your best interest. If your case is somewhat complicated or there are some financial issues, collaborative divorce often proves to be the best tool in such a scenario.

Factors favoring mediation

Aside from mediation being less expensive, it is super flexible and helps both parties to resolve their differences without battling it out in court. This process often comprises three participants: you, your spouse, and the mediator.

However, nothing stops you from getting other people involved in the process. Take note that having an attorney involved is not a requirement. From a logical stance, it is evident that mediation is most likely more efficient and cost-effective compared to collaboration.

Cons of mediations

If after the back and forth bickerings and no settlement were reached, there will be a need to start all over again with a new lawyer. It can cause you to lose money on the mediation process unless it went smoothly without any contention.

Also, mediation doesn’t necessarily result in an agreement. Any of the involved parties can be tempted to abandon the process and idea of a mutually beneficial outcome. When this happens, it becomes a highly contentious case.

Factors favoring collaborative divorce

If you desire a process where you’re under the guidance of an experienced attorney, then collaborative divorce is the ideal route to take. If you believe your case is somewhat complicated, collaborative law becomes the best option as it seeks to protect your best interest.

With a collaborative attorney at your disposal, you’re likely to express yourself with confidence even if your spouse disapproves. If there is a power imbalance in your relationship, that is when collaborative divorce becomes most efficient.

Cons of Collaborative divorce

Just like mediative divorce, collaborative divorce comes with its flaws too. The most obvious downside is that if it doesn’t work, your lawyer is expected to withdraw so you can start over with a new lawyer.

It can also incur lots of expenses and delays since you’ll have to hire a new lawyer and get them up to speed with your case.

For a better chance, hiring an experienced mediative or collaborative lawyer is crucial. Do give us a call or fill the contact form to get started.

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