How are collaborative and mediated divorce different?

On Behalf of | Mar 25, 2023 | Divorce |

Like many American couples, you and your spouse may want your divorce to be as simple, inexpensive and conflict-free as possible. While litigated divorce was once the norm, today, more and more divorcing spouses are pursuing an uncontested process.

Mediation and collaboration are the two basic options for an uncontested divorce. Both processes can help keep costs down and promote productive negotiation. However, they differ in how much legal representation each spouse has during the divorce.

What is divorce mediation?

During divorce mediation, you and your spouse work with a trained family law mediator. This mediator acts as a neutral go-between, helping you communicate your mutual concerns, explore mutually acceptable solutions and ultimately draft a divorce agreement that works for you both. The three of you may meet together, or, if you wish, you and your spouse may be in separate rooms during your confidential sessions.

What is divorce collaboration?

As with mediation, during collaborative divorce, your goal is to negotiate a mutually acceptable settlement. However, during collaboration, you and your future ex both have your own legal representation. You, your spouse and your respective attorneys work together to solve issues ranging from property division to child custody and support.

Both collaborative and mediated divorce require that you and your future ex are willing to negotiate in good faith. However, there are many potential benefits of an uncontested divorce. Perhaps the most important is the fact that you, rather than a family law judge, will have the final say on how you navigate your separate paths forward.