Collaborative Divorce vs. Mediation: What's the Difference?

If you are planning to get a divorce, you have other options available to you besides litigation. Mediation and collaborative divorce are both alternative approaches that allow spouses to stay outside of court and end their marriage through negotiation. That said, while these two methods share many similarities, they are not identical. The differences between these two may help you determine which is more appropriate for your situation.

Understanding the Differences Between Collaborative Divorce and Mediation

Both collaborative divorce and mediation allow spouses to dissolve their marriage in a more flexible manner and outside of court. Moreover, both of these methods are less hostile than divorce litigation, which can help set a better foundation for you and your spouse as co-parents if you share children.

That said, each method has its differences, which we will review here:

  1. In a collaborative divorce, each spouse is represented by a collaborative divorce attorney. On the other hand, the mediation process is facilitated by an unbiased third-party mediator who will not advocate for either party.
  2. If the collaborative divorce process fails, both attorneys must withdraw from the case.
  3. During the collaborative divorce process, several meetings will occur between you and your spouse as well as your lawyers. These meetings may also involve other professionals, such as child specialists, so you can reach an agreement.
  4. During the mediation process, your mediator will act as a peacemaker and help you think of options to assist you in creating a mutually agreeable settlement.

Although you and your spouse are not required to have an attorney during the mediation process, you have the option of hiring one and they are under no obligation to withdraw from the case if the process fails and you must go through litigation, unlike the collaborative divorce process.

Reach Out to Our Legal Team for the Legal Advice You Need

If you are planning on getting a divorce and wish to review your options, the legal team at Winner Law Group, LLC can provide the guidance you need to make the best choice. Mediation and collaborative divorce are both excellent ways to dissolve a marriage in a more cost-effective, less stressful, and more efficient manner, but they have some differences. We will help ensure you choose the one that most effectively addresses your needs.

Call our law office today at (502) 812-1889 to request a consultation.