Mediation and collaborative divorce are both alternative methods of divorce that allow couples to avoid litigation and make their own decision regarding child custody, child support, alimony, and the division of property. Although they are somewhat similar, they are two separate processes. Read on and speak with a Union County divorce attorney to discuss your options.
How Does Mediation Work?
Mediation requires three people: you, your spouse, and a neutral third party. How your mediation sessions play out will largely depend on the relationship you have with your spouse. If your divorce is an amicable split or you have the same ideas regarding child custody or asset division then it could take as little as an hour to come to an agreement.
However, in many cases, the relationship between spouses is rocky or volatile. If you are having a hard time settling on certain aspects of the divorce the mediation process might last several sessions.
The impartial party does not have any power in the decision-making process, they are simply present to keep you and your spouse on track. Divorces can be complicated and emotional. If the conversation starts veering toward unproductive or hostile topics the mediator can help regain control of the situation and steer you in a more productive way.
How Does Collaborative Divorce Work?
If you choose the route of collaborative divorce both you and your spouse will hire an attorney to represent you. You will sit down in sessions similar to mediation, but instead of a neutral party you and your spouse will be accompanied by your lawyers.
You will also probably obtain the advice of certain doctors or other professionals. When determining child custody arrangements it might help to speak with a child psychologist. The division of property can also benefit from the advice of economic experts.
What Are the Pros and Cons?
There are good and bad things about either option. Which one suits you best will depend on the circumstances of your relationship.
The pros and cons of mediation are generally as follows.
Pros:
- You can come to a unique and flexible agreement
- It’s time-efficient
- It is very cost-effective and can save you money on legal fees
- You can maintain some privacy. During litigation details of your life become public knowledge but in mediation, you can maintain confidentiality
- You maintain control over the outcome
Cons:
- You may not be able to come to an agreement and end up going to court anyway
- If your relationship is stable enough you may not need any outside help
The pros and cons of collaborative divorce are generally as follows.
Pros:
- It is less costly than litigation
- It can be less stressful than going to court
- Its time efficient
- It offers individualized, flexible solutions
- You keep some control over the outcome
Cons:
- If you do not come to an agreement you have to start over. Your attorney will not be able to represent you if you go to court, you will have to find new representation
- Your lawyer is involved in the negotiation process and can limit creative problem-solving
- It is more expensive than mediation because you have to retain your lawyer
