Menu
Collaborative Divorce vs. Mediation: What’s the Difference?
October 25th, 2024
If you’re looking for a method to divorce that will reduce your stress, keep your costs down, and put the best interests of your children first, there are two alternatives to litigation you should know about: collaborative divorce vs. mediation. Both forms of alternative dispute resolution take place outside the courtroom and allow the parties to decide the issues that must be determined between themselves. Unlike litigation, they are cost-effective, efficient, and can keep the details of your marriage private. Below is some more information on collaborative divorce vs. mediation so you can make an informed decision.
What is Collaborative Divorce?
If you’re in the early stages of divorce, it’s essential to explore the differences between collaborative divorce vs. mediation. With the non-adversarial collaborative process, both you and your spouse must be willing to participate. You will work together with your own attorneys to reach an amicable agreement. If either you or your spouse refuses to cooperate, this process will not work and you will both be required to find new attorneys for litigation. The collaborative divorce process takes place outside of court and uses a team of professionals to assist with reaching a resolution to the issues in your case. Depending on the matters that must be determined in the case, these professionals can include:- Mental health professionals — Therapists, psychologists, psychiatrists, and other mental health professionals can all be part of the collaborative team. These individuals focus on family law issues and child development to ensure you have the emotional support and resources you need to resolve conflict and structure a custody arrangement that is in your children’s best interests.
- Divorce coaches — A divorce coach can assist you and your spouse with communicating effectively and help ensure the divorce process runs smoothly.
- Child specialists — Child specialists can speak on behalf of the children in divorce matters.
- Financial professionals — If there are complex financial or tax issues in the case, a financial neutral, such as a certified public accountant, certified financial planner, or certified divorce financial analyst can help you understand your financial situation. This way, you can make informed decisions concerning the division of your marital property.
What is Mediation?
When deciding between collaborative divorce vs. mediation, it’s important to understand what the mediation process is. Mediation is a voluntary process that takes place outside of court in which a neutral third party, called a mediator, meets with you and your spouse to discuss the issues in your case and help you communicate effectively to achieve a positive resolution. The mediator does not take sides, provide legal advice, or render decisions. They help you and your spouse express your concerns, explore options, and reach a settlement regarding the following:- Property division
- Debt allocation
- Spousal support
- Child custody
- Child support
Is Collaborative Divorce or Mediation Better?
Choosing collaborative divorce vs. mediation can depend largely on your goals, objectives, and the complexity of the issues in your case. Neither process is better than the other. They both have unique aspects that can help you reach a resolution. In contrast with collaborative divorce, mediation does not use a team of professionals. It can allow you and your spouse to reach a resolution to the issues in your case in just a few sessions. The collaborative process can be complex, lengthier, and more costly, depending on the issues in the case. Attorneys are typically more involved in the negotiations involved in the collaborative process, compared with mediation. In addition, mediation is deemed successful if you can resolve even just a few issues outside the courtroom, and the rest of the case proceeds through the litigation process — this is different from the collaborative divorce process. Collaborative divorce requires the parties to enter into a collaborative agreement in which they agree not to seek litigation. If either spouse does not wish to participate in the collaborative process any longer, the attorneys are required to withdraw, and the parties must start over with new counsel for litigation. Both mediation and the collaborative divorce process can allow you and your spouse to reach creative solutions in your case that might not be reached in litigation. But whether either process will work depends on whether you and your spouse are willing to compromise. If there is a power imbalance in the relationship, a spouse is concealing assets, or domestic violence was an issue in the marriage, litigation may be a better option than collaborative divorce or mediation.Contact an Experienced Oregon Divorce and Family Law Attorney
If you have questions about whether collaborative divorce vs. mediation is right for you, a knowledgeable divorce attorney can help. Based in Salem, Litowich Law offers clients throughout Oregon compassionate counsel for divorce matters, whether the outcome be reached through mediation, the collaborative divorce process, or litigation. We welcome you to contact us to schedule a consultation.Categories: Divorce