123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Which Process Is Best For You: Collaborative Divorce Or Mediation?

Profile Picture
By Author: Munish D. Rathee
Total Articles: 1
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

Both Collaborative Divorce and Mediation are easy to put up with mind and pocket. Which one to go with entirely depends on personal perspective. The key difference is the contribution of attorneys. In mediation, the participants meet exclusively with the mediator, who is a nonaligned third party whose work is to assist efficient communication amid the participants in the direction of the objective of reaching a mutually acceptable agreement. In common, lawyers are not in attendance during mediation sessions. Besides, a mediator doesn’t compose any decisions for the participants, they simply direct the dialogue en route for a point where hopefully the participants can accomplish an agreement on their own.

On the other hand in the collaborative process, both participant has an attorney at hand for joint meetings to suggest legal guidance and operate as their client’s advocate. There are cases where mediation may be included in the overall collaborative divorce process, particularly in cases where the participants are at a disagreement on one or more personal issues.

Collaborative divorce needs a better explanation, ...
... so it goes like each spouse first retains a collaborative divorce lawyer and they meet privately with that lawyer to discuss the entire process. Then they set up a joint 4-way meeting with the spouses and their lawyers. During this meeting, it is agreed upon in writing by the lawyers that they will not take the case to court. They also set up several future meetings they believe will be necessary to bring the case to a successful conclusion. During these meetings, information is exchanged and all possible avenues are explored toward reaching a satisfactory agreement for all parties involved. Each meeting has a pre-set agenda and someone is required to maintain minutes. The process ultimately results in a divorce or separation agreement, which ends up becoming a court order once everything is filed.

Usual court-based litigation often involves an initial meeting in the courtroom where the parties and their attorneys sit at opposing sides of the table and discuss issues like child support and/or custody. This type of environment is very adversarial and tends to put people on guard and bring out their angry side. The atmosphere of a collaborative divorce is totally different. For instance, instead of battling in court over issues like child custody, you are working together with your spouse and a child psychologist or specialist to come up with a plan to co-parent the kids in a way that will be in their best interests. This type of environment fosters cooperation, not just during the collaborative process, but into the future after the divorce is finalized.

Total Views: 285Word Count: 436See All articles From Author

Add Comment

Legal Articles

1. Family Law Attorney In Virginia Beach – Guiding You Through Life’s Toughest Moments
Author: family lawyer

2. Understanding “what Is Bankruptcy”: Definition, Types & Things To Know
Author: RecoveryLawGroup

3. Role Of A Divorce Lawyer In Child Custody And Support Cases
Author: Singapore Sole Parent

4. Can You Represent Yourself Instead Of Hiring A Divorce Lawyer In Singapore?
Author: Singapore Sole Parent

5. Understanding Debt Negotiation And Consumer Rights With Jpmorgan Chase & Co
Author: Matt Williams

6. Motorcycle Lawyer In Lubbock: Protecting Your Rights On The Road
Author: Mark Taylor

7. Motorcycle Lawyer Waco: Protecting Your Rights On The Road
Author: Mark Taylor

8. Motorcycle Lawyer Austin: Your Trusted Advocate On Two Wheels
Author: Mark Taylor

9. Inside Deportation Defense: Miami Immigration Attorneys At Work
Author: Tim B Scott

10. Litigation Services In Kazakhstan: A Complete Guide
Author: Haider

11. The Best And Amazing Accident Law Firm St. Tammany Parish La
Author: Smith Johnson

12. Why Protecting Intellectual Property Is Crucial For Dubai-based Businesses
Author: Dr. Hassan Elhais

13. Vehicle Finance Claims - Resolving Your Disputes With Fair Legal
Author: Fairlegal UK

14. Advocate For Nri In Chennai: Your Trusted Legal Partner Back Home
Author: Sonu

15. Family Law In Dubai For Expats: What You Need To Know Before Filing A Case
Author: Dr. Hassan Elhais

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: