We cannot change the fact that couples will divorce but mediation and
collaborative divorce can change the way people divorce.
Both mediation and collaborative divorce help the parties move forward to a
compassionate and respectful ending to their marriage. Most importantly
these two alternative methods to divorce keep the emphasis on the children
as a priority. The parties are assisted throughout the mediation and
collaborative process in developing communication skills related to the
children. It is very important that the parties develop a means by which they
can communicate so both parties remain in their children’s lives forever and
later their grandchildren lives.
In both mediation and collaborative divorce the parties come to an
agreement out of court thus saving on the amount of attorney’s fees they
would have to pay in a litigated divorce.
In mediation, both clients meet with a divorce attorney who serves s a
neutral mediator to assist the couple in arriving at a full settlement related
to support, equitable distribution of assets acquired during the marriage
and custody and timesharing, if applicable.
In collaborative divorce each party has an attorney by their side to assist
the parties in creative problem solving to reach an agreement on all issues
related to the dissolution of the marriage. If one spouse is concerned about
expressing their feelings with their spouse present in a meeting with a
mediator or there is an imbalance of power, the collaborative process would
may be better suited for that individual.
In a collaborative divorce the parties and their attorneys sometimes ask
another collaborative professional to assist the parties as well. A mental
health professional may help the parties with a parenting plan or
communication related to the children. A ﬁnancial professional (usually an
accountant or a certiﬁed ﬁnancial planner) may assist with a budgeting
plan, the valuation of a business or support calculations.
In mediation and collaborative divorce the communications (things you say,
documents you produce and offers you make) generally cannot be used in
court or any other legal procedure. This means that the communications
remain private and do not part become part of a court ﬁle like they would
in a litigated case.
Both mediation and collaborative divorce cases usually resolve in a much
quicker time frame avoiding the emotional stress caused to the children
and the parties as a result of a the parties being involved in a protracted
Both collaborative divorce and divorce mediation save time and money and
allow the parties and their children to begin the process of moving forward
with their lives.