collaborative-divorce-vs-mediation
Both collaborative divorce and mediation are means of ending a marriage, but they differ in the process involved. A third-party mediator guides the two parties into making decisions and resolving issues together. In a collaborative divorce, both spouses agree to the division of property and other aspects of the divorce and do not need a mediator to facilitate the process.
In collaborative divorce vs. mediation, it is critical to have Lake Charles divorce attorneys on both sides to protect everyone’s rights throughout the legal process.
What is mediation?
Mediation is a process that can help couples who have disputes over property distribution, alimony, child custody, child support, or other factors work through them with the help of a licensed mediator. The mediator does not side with one party. They work closely with each party to understand the circumstances and the reasoning behind their decisions and desires. The mediator then tries to resolve issues in some way.
This may happen through negotiations or simply creating a plan that may help facilitate the equitable asset split. Divorce mediators are assigned to each matter by the court and are often local attorneys; however, they do not favor one outcome or the other. A good mediator can help spouses to agree to avoid legal action.
Mediation is very effective. It helps to remove emotion from a tense situation. Mediation does not eliminate the need for legal counsel and support. That is something that you still need to ensure you have to protect your rights.
What is a collaborative divorce?
When both parties wish to divorce, they and their attorneys should assess the benefits of collaborative law vs mediation. Both parties should understand the other party’s needs and wants in the divorce. In collaborative divorce, they agree on how property, child support, child custody, and other decisions will happen. In this situation, the parties remain in full control over what occurs.
This is the best route for those who wish to end a marriage and can communicate with each other. It is beneficial because it lets the spouses be in charge throughout the process and keeps the divorce case out of court. This reduces or eliminates the need for the court to reveal personal details about the divorce in public records.
There are some instances in which a family relations specialist or another professional will help facilitate the more complex aspects of the process. This may include factors like alimony and child support. Even with a few questions and needs to work through various aspects of the divorce, in this situation, all parties are willing and able to agree.
Is collaborative divorce right for everyone?
Collaborative divorce is not always possible. In many situations, people who are divorcing simply cannot make decisions together. In this situation, mediation may be the next step. If that does not help, then the court must decide on behalf of the couple instead. There are alternative resolution methods that may facilitate a better outcome.
Schedule a consultation to discuss your divorce options with our team
Collaborative divorce vs mediation can be complex. Every relationship is very different, and no one method is best for all cases. If you believe collaborative divorce or mediation may allow you and your spouse to avoid going to court, seek out our attorneys to help facilitate the process.
Contact The Johnson Firm today to set up an appointment to discuss your case privately. Call (337) 433-1414 today to learn how we can help you.