Authored by Jenna Hayba, Esq.
If you are looking into the collaborative divorce process, chances are that you have also researched other alternative dispute resolution methods, including mediation. You may be wondering what the difference is between these two methods, and which one is best for you and your family.
What is Mediation?
Mediation is a process whereby a divorcing couple, who may or may not be represented by attorneys, sit down with a mediator in an effort to try to reach an amicable resolution of their divorce. In the mediation process, the mediator is a neutral third-party who does not advocate for either spouse. If either spouse is represented by an attorney, that attorney will advocate for his or her client during the mediation, or in between mediation sessions.
What is Collaborative Divorce?
Collaborative divorce is an alternate method of dispute resolution in which the couple engages a team of professionals to assist in reaching a settlement. Each spouse is represented by an attorney. That attorney is both an advocate for his or her client, but also part of the team working together to reach a resolution that best meets the goals and interests of both spouses.
What are the Major Differences Between Mediation and Collaborative Divorce?
While there are a number of differences between mediation and collaborative divorce, there are some clear distinctions that should be noted. First, if mediation is unsuccessful, your attorney can continue to represent you as you move forward in your case. In a collaborative divorce, if the process is unsuccessful, then your attorney cannot represent you moving forward. In addition, mediation maintains some of the adversarial nature of a traditional, litigated divorce. In a collaborative divorce, though you and your spouse may still have divergent interests in some respects, the collaborative team consisting of your attorneys and other professionals are working together with you and your spouse to reach a compromise that works for your family.
Ultimately, the decision of whether the collaborative divorce process or an alternate dispute resolution method is best for you is going to depend on your particular circumstances and goals. These should be discussed in depth with collaboratively trained attorneys, mental health professionals and financial neutrals with whom you are working as you navigate the difficult divorce process.