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What is The Difference Between Collaborative Divorce and Mediation?

Both collaborative divorce and mediation are different types of divorce that lead to separation without going to court and working out the divorce between themselves. Both mediation and collaborative divorce are non-litigious divorce approaches. Consult Karp & lancu, S.C. to seek more divorce alternatives.

Mediation

Mediation is a type of divorce alternative that helps to resolve disputes with the help of a third-party mediator. In this approach, the selected mediator is generally a trained attorney and allows the couple resolves their issue. The selected mediator is supposed to be neutral and must not give legal advice to either spouse. A mediator helps to discuss settlement with both spouses. A mediator cannot make decisions in a case like an arbitrator. A mediator is supposed to give suggestions regarding the conflicts and resolve them. However, he is forbidden to inform you if a settlement proposal is unjust for you.

Mediation has been a success for a lot of divorcing families. It is observed that cooperative couples tend to choose mediation more as compared to highly conflicted families. Still, the ones with high conflicts end up needing mediation more because of the high cost of litigation, which often results in more conflict.

Mediators in divorce can be non-attorneys. But it is common to see family attorneys act as mediators in such cases. Mediation is a perfect alternative for spouses looking to avoid any legal action or court visits.

Collaborative Divorce

Under collaborative law, neither spouse is required to file for a divorce. Both spouses should agree to all aspects related to dissolving the marriage before filing a divorce with the court.

In a collaborative divorce, several professionals are involved instead of just an attorney. The kind of professional included in the case ultimately depends on the specifics of the case, and the professional is decided based on prevailing circumstances. A therapist or counselor may be included if any or both spouses need emotional support regarding the matter. In the case of financial complications, an accountant or financial planner may be hired to assist with the process. Along with that, an attorney is also there to represent the spouses.

The most significant disadvantage of collaborative divorce is that if the collaborative divorce procedure fails, the couples will be required to get new attorneys. Usually, this happens when no conclusion takes place in the case.

Therefore, you should seek assistance from a divorce lawyer who can make the process easier and quicker.

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