What is the difference between Collaborative Divorce and Mediation?

Collaborative divorce and mediation are two different methods of resolving disputes related to divorce or separation. While both aim to avoid the adversarial and costly nature of traditional litigation, there are some key differences between the two.

Collaborative divorce involves each party hiring their own collaboratively-minded attorney to work together towards a mutually beneficial settlement agreement. The attorneys are committed to resolving the dispute through cooperative negotiation and open communication, and they may also bring in other professionals, such as financial experts or mental health professionals, to assist with the process.

Mediation, on the other hand, involves a neutral third party mediator who helps the parties communicate and negotiate in order to reach a mutually acceptable agreement. The mediator does not provide legal advice or make decisions for the parties, but instead facilitates discussions and helps the parties find common ground. Unlike collaborative divorce, the parties can choose to continue working with their own attorneys throughout the mediation process.

In summary, collaborative divorce involves each party hiring their own collaboratively-trained attorney to work towards a mutually beneficial agreement, while mediation involves a neutral third party mediator facilitating communication and negotiation between the parties. Both are good options for couples who are willing to work together to reach a mutually beneficial agreement, as it can be less adversarial, less expensive, and less time-consuming than litigation. It can also be more flexible, allowing the couple to come up with creative solutions to their unique situation.

If you would like assistance with either a collaborative divorce or mediation, please call Mioni Family Law to schedule a consult (or you can book your consult online through our website by clicking the drop down menu on “contact us”) and we would be more than happy to assist you.