When couples choose to divorce, there are a number of options they can take. Divorce mediation and collaborative divorce are two popular alternatives to traditional litigation that can offer many benefits. Both can help reduce the emotional and financial turmoil that often accompanies divorce, and both can result in a faster resolution to legal matters.
However, there are some key differences between the two methods that can make one option more beneficial than the other for certain couples. In this article, we will discuss the differences between these two negotiation processes and provide an overview of their pros and cons so that you can make an informed decision on which method is right for you and your spouse.
During divorce mediation, a neutral third party acts as the mediator, helping both parties come to an agreement on a variety of issues related to their separation, such as property division, child custody, and alimony. Both parties and their attorneys meet with the mediator to discuss their side of the story, what led up to the problem, and what they believe is the best way to resolve it.
The mediator can then help the couple find solutions that they are both comfortable with, which may involve working with outside experts, such as mental health professionals or financial consultants. This can be beneficial for couples who cannot communicate well or agree on the terms of their divorce, and it can also be useful for families that are facing complex financial issues.
A benefit of divorce mediation is that it can be significantly shorter and less expensive than a divorce through traditional litigation. The process can usually be finalized in a matter of months, whereas it can sometimes take years to reach a divorce verdict in a traditional court case. Mediation can also be a more private process, which can be beneficial for couples who wish to keep their legal proceedings out of the public eye.
Another benefit of collaborative divorce is that it can help spouses avoid the negative impact on their children. During divorce litigation, it is common for spouses to become hostile and begin fighting over their assets or children, which can cause damage that can last generations. Collaborative divorce can help parents stay civil and focus on their relationship with their children, which will allow them to create a healthy parenting environment for their children going forward.
If you are considering divorce, it is important to speak with a qualified attorney as soon as possible to understand your rights and options. Diane E. Wasznicky is an experienced family law attorney who can assist clients with divorce mediation, collaborative divorce, premarital agreements, and other family-related legal matters. Contact her today to schedule a consultation. She serves Sacramento and the surrounding areas. She is committed to reducing emotional and financial turmoil during divorce proceedings. She is trained in collaborative divorce and mediation, and works alongside a team of other collaboratively-trained professionals who help improve communication, address emotional challenges, involve children, and make financial decisions.