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The difference between collaborative divorce and mediation

On Behalf of | Aug 5, 2024 | Collaborative Divorce |

Divorce can be a challenging process. Two common methods for handling divorce are collaborative divorce and mediation. Understanding the different approaches can help make it more manageable. 

Collaborative divorce explained

Collaborative divorce is where both spouses and their attorneys agree to work to resolve any disputes without going to court. Through cooperation and open communication, the goal is to reach a mutually agreeable settlement.

Both parties hire attorneys. They may also involve other professionals such as financial advisors or therapists. Everyone agrees in writing to resolve issues without litigation. If the process fails, the attorneys must withdraw. Both parties hire new attorneys for court proceedings.

Mediation explained

Mediation involves a neutral third party. This mediator helps the couple negotiate and reach a settlement. Unlike collaborative divorce, mediation can proceed with or without attorneys present.

The mediator does not take sides. Rather they facilitate discussion and negotiation between the spouses. Both parties must agree to participate and can leave the process at any time if they feel it is not working. Mediation works with the couple’s availability and can address specific issues at the couple’s pace.

Choosing the right approach

The right approach is completely dependent on the couple’s specific needs and circumstances. Collaborative divorce may be better for those wanting a structured team approach. Mediation may be better for those wanting more flexibility and less formal proceedings.

Broadening the understanding of divorce processes

Both collaborative divorce and mediation aim to reduce conflict and promote amicable settlements. By choosing a method that suits their situation, couples can successfully navigate the divorce process. 

Understanding the differences between collaborative divorce and mediation can help couples in Michigan make informed decisions. Each method offers unique benefits. Choosing the right one can lead to a more positive outcome for both parties.