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How do collaborative law and mediation differ?

On Behalf of | May 31, 2022 | Divorce

When going through a divorce, if you and your partner largely agree on most areas but just need a little extra help, you likely want to avoid litigation. After all, you do not need all of the structure that a court case provides.

Instead, you can look into alternative methods such as mediation or collaboration, which each offer unique benefits.

Mediation during a divorce

Forbes talks extensively about ways to make divorce easier. You can start by looking into alternative methods to litigation, such as collaborative divorce and mediation.

Mediation often suits couples who do not have quite as many disagreements or complex matters to work through. This option involves a mediator, or a neutral third party, who can come in to help moderate your discussions. They ensure no argument gets out of hand and that both you and your partner have the space you need to speak your mind, without overriding one another.

They do not hold the legal power of a judge, so they cannot make legally binding decisions. In other words, they can only give their opinion and make suggestions.

Who collaborative law works for

On the other hand, collaborative law tends to work better for couples who need a little more structure. This involves personal representatives. You and your partner will each hire one, and you will hold all divorce meetings with all four parties.

The representatives can communicate your legal desires with one another, while also ensuring that you both understand the often complicated laws surrounding the divorce process. This option works well if you want to avoid the court but you have a few difficult areas of disagreement that you simply cannot work through.