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: 293Word Count: 436See All articles From Author

Add Comment

Legal Articles

1. Link Building For Lawyers: A Proven Strategy To Boost Your Law Firm’s Online Visibility
Author: Attorney Ranking

2. Chapter 7 Bankruptcy In California: Relief And Legal Help
Author: Recovery Law Group

3. Bicycle Accident Attorney In Chamblee Essential Guidance
Author: Bicycle Accident Attorney in Chamblee

4. Navigating Legal Disputes: A Comprehensive Guide To Litigation Services In Kazakhstan
Author: Haider

5. Best Personal Injury Lawyer In Chamblee
Author: Best Personal Injury Lawyer in Chamblee

6. Wrongful Death Case Financing: When Families Are The most In Need Of Financial Help
Author: Amelia Thompson

7. Marriage Detective Agency In Bangalore – Trusted Matrimonial Verification For Safe & Confident Decisions
Author: Ion Detective

8. Benefits Of Hiring Arbitration Lawyers In Dubai For Contractual Disputes
Author: Dr. Hassan Elhais

9. Legal Excellence In Action: The Role Of Lady Lawyers In Chennai
Author: Sumathi

10. Understanding Chapter 13 Bankruptcy In California: A Practical Guide
Author: RecoveryLawGroup

11. Reasons Behind The Surge In Divorce Cases In Bangalore
Author: RK Associates

12. How Iso 20000 Certification Transforms It Service Management For Modern Businesses
Author: URS Certification

13. Private Investigator Mumbai – Trusted, Confidential & Professional Investigation Services
Author: Ion Detective

14. The Difference Between A Trademark, Copyright, And Patent In Dubai
Author: Dr. Hassan Elhais

15. Corporate And Commercial Lawyers Bahrain: The Bottom Line
Author: Newton Legal Group

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