Of course, mediation and collaborative divorce are not the same processes. It is important for parties to understand the differences between these two processes if they are going to choose between them.
In divorce and family law mediation, parties meet with a mediator (typically, without an attorney) to try and resolve their dispute. In most cases, a full resolution cannot be reached in one session but instead would require multiple sessions. The mediator’s job is simply to facilitate a discussion between the parties so that they can reach a creative resolution. It is not the job of the mediator to impose their will, force the parties to meet in the middle, or dispense legal advice.
Mediation and collaborative divorce are not the same process. Parties need to understand the differences between these two processes if they’re going to decide between the two. In divorce and family mediation, parties meet with a mediator (without an attorney) to try and resolve the dispute. Usually, a resolution cannot be reached in just one session, so multiple sessions are needed. The mediator’s main job is to facilitate a discussion between the two parties so they can each resolve the dispute.
If an agreement is met in the mediation, one or both of the parties will be required to hire an attorney to file for the divorce, ensure that the proper paperwork is completed, and to procure the signature of the judge either through a non-contested hearing. The reality is that in many mediated cases there ends up being three attorneys involved: the mediator, an attorney for husband, and an attorney for wife.
In collaborative divorce and family law, the parties meet with their attorneys also present. Parties may also have collaborative professionals to assist, including a divorce coach, financial neutral, or child custody professional. All of these parties can help the collaborative process to ensure that a resolution can be reached. Typically, for a settlement to be reached, the process will require multiple sessions.
A divorce coach assists each spouse manage the emotional strain of changing relationships while focusing on goals for the present and future. A financial neutral helps the parties identify options and alternatives by reviewing the financial aspects of the case. A child custody professional helps the parties create custody schedules to fit the specific needs of the family.
Further, unlike mediation, if the parties can resolve the collaborative process, the attorneys for husband and wife can file the divorce and complete the process in court. This is distinctively different from mediation in most instances where the attorney who completes the process is not part of the mediation sessions.
