Both mediation and collaborative divorce are alternative dispute resolution (ADR) techniques often implemented when two spouses decide to terminate their marriage. Understanding how mediation and collaborative divorce are different from one another is important in determining which option suits your needs. Reach out to an experienced Bergen County divorce mediation lawyer for more information and skilled legal advice.
How is Mediation Different from Collaborative Divorce?
Mediation and collaborative divorce differ in a variety of ways. Consider the following.
Who is present
In general, the only people present during mediation are the two spouses and a neutral third party who acts as the mediator. Although each party may bring their attorney to mediation sessions, many couples choose to forgo their presence. During a divorce, having lawyers and outside parties present can make the situation even more contentious and hinder open communication.
On the other hand, attorneys must be present during collaborative divorce and no mediator is necessary. Only the two spouses and each of their lawyers are involved. In some cases, experts and professionals are called in for advice on economic or child custody issues.
Negotiating and decision-making
In mediation, the only people with any real power are the spouses themselves. The mediator has no decision-making power and is simply present to guide the conversation, ensure both voices are heard, and maintain a peaceful and productive discussion. This allows for flexible and creative solutions to be made and customized to the two parties’ lives and needs.
During collaborative divorce, the attorneys are generally the ones negotiating on behalf of their clients. While the couple still has power, they can be greatly influenced by their lawyers. It can be beneficial to have professional advice, but it can also limit creative problem-solving.
The aftermath
If mediation is unsuccessful and all relevant issues cannot be resolved, the case will proceed to trial. At this point, the spouses can obtain legal representation to represent them and their interests in court.
If collaborative divorce is unsuccessful, however, the aftermath is slightly different. The case will still have to go through litigation, but each spouse’s attorney must withdraw and they will be required to find new representation. This is because spouses and attorneys must sign a “no court” agreement before collaborative divorce, meaning that both parties are committing to resolve their issues without going to court. If litigation is required, then the collaboration will end.
For all of their differences, the two conflict resolution techniques also share similarities. They are both informal, flexible, save time and money, and allow the couple to avoid litigation. There is no right or wrong answer when determining which ADR to implement during your divorce. Speak with an attorney today to learn more about your options.
