If you've just made the decision to end your marriage, there's no doubt it was probably one of the biggest and most difficult decisions you ever made in your life.
But now you have another important decision to make.
How to actually get the divorce.
You may have heard mediation is more peaceful and cost-effective. But you also want to more about what is collaborative divorce process and how these two methods compare.
In this post, we'll take a closer look at collaborative law vs mediation so you can decide which one is right for you.
There's a lot more to these divorce options and how they work, but here's an overview for each.
There is no requirement that a mediator be an attorney and in fact, some of the most qualified mediators aren't lawyers at all.
When a couple chooses to mediate, lawyers are not also required at any point in their divorce unless either spouse or both choose to involve them. That makes mediating a good option for those who prefer to divorce without attorneys.
The divorce mediator will:
If agreement cannot successfully be reached on the relevant divorce issues using collaborative divorce, each divorce attorney will be disqualified from representing their respective client.
The couple (parties) will then continue on through family law court proceedings, but will need to start over with new/different attorneys.
Throughout the trial, documents will be presented to the family law court and the attorneys will argue their respective client's position.
And outside experts and/or witnesses will be called in to testify in front of a family law judge who will decide the outcome regarding child custody, time sharing, child support, division of marital property and debts and alimony.
To understand the differences between mediators vs divorce attorneys, read: Divorce Mediation vs Lawyer.
To learn more about how each of these 3 divorce methods work (traditional litigation, family mediation and collaborative law), read: The 5 Divorce Options and How to Choose the Right One for You.
Number of Professionals Involved:
Neutrality:
Advice vs Information:
Time to Completion:
A mediated divorce can take one mediation session to four mediation sessions (2 to 3 months) to complete and the speed and pace of the process is primarily directed by the two spouses.
Once the issues are resolved, the speed of the uncontested divorce is related to the time it takes to file the divorce and get a court date to finalize the proceedings.
Collaborative can take 8 to 14 months to complete.
The issues can typically be resolved in four to six group sessions that vary in duration.
The speed of the process is determined not only by how quickly all issues can be resolved, but, since there are a number of other people involved, also by the ability to coordinate the calendars of each party and their collaborative law attorney, the financial professional(s), the child specialist(s), therapist(s), conflict coach, etc.
Other factors are related to the court process of filing, obtaining a court date, etc.
Cost:
The cost of collaborative varies and can range from $25,000 to $50,000 depending on case complexity, the cooperation level between the parties and the number of outside professionals engaged in the process.
If the collaborative process is unsuccessful and a case subsequently goes to trial, the cost of a divorce can range from $78,000 to $200,000.
Certainty of Outcomes:
Collaborative divorce process can be risky because if agreement cannot successfully be reached on all relevant issues, the lawyers will be disqualified from representing the parties.
The spouses would then need to start over again and each would need to hire their own new divorce attorney as they proceed into the litigation process.
Divorce litigation is also risky because there are no guarantees as to what a judge's ruling will be for the issues.
Peaceful:
Listed below are some of the best reasons to mediate your divorce.
1. You want what's best for your family.
In mediation, your children take center stage as you will be making decisions as parents, keeping your children’s best interests in mind.
2. You want a high level of control over the terms of your settlement.
You'll both have a high level of control over your settlement because you both will have a direct say in creating its terms and conditions.
In mediation, you won’t get legal advice or be told what to do. Instead, you will be fully empowered to make your own informed decisions.
You and your spouse will both have the opportunity to voice your concerns, be heard and have a direct say in the terms of your settlement.
Your agreement will only be final when both parties say it is. In mediation, you will have the opportunity to change your mind on issues as many times as you need to throughout the process.
3. You want your agreement to be fair to both you and your spouse.
Because the mediator is a neutral third party who doesn’t take sides, their job is to help you reach an agreement that you both find fair.
4. You want to keep things peaceful.
Mediation is a non-adversarial and cooperative process.
You don't need to agree on everything or be the best of friends in order to mediate your divorce. The mediator is a skilled professional and will help you negotiate the issues you do not agree on.
If you and your soon-to-be ex are both willing to mediate, mediation can work for you. And you can peacefully divorce without a lawyer.
5. You don't want your divorce proceedings to drag on forever.
When you look at divorce mediation vs the lawyer-driven collaborative law process, mediated divorces take significantly less time to complete.
The speed of mediation is controlled by you.
And in mediation, all communications take place in real time so any disagreements can be discussed and resolved right away.
6. You want to save money.
Collaborative divorce is very expensive.
You'll not only need to pay your respective lawyers for all of their time, but you’ll also have to pay for any other outside professionals brought into the process including the financial expert(s), custody specialist(s), therapist(s), coach(es), etc.
But if you mediate and select a highly skilled mediator, you'll get a thorough agreement while saving tens of thousands of dollars on your divorce.
7. You and your spouse are both willing to cooperate and keep your proceedings transparent.
Mediation requires full disclosure and transparency in order to work.
So you both must be willing to engage in a good faith negotiation and you both must be willing to compromise.
1. You cannot use mediation but still want to try to avoid litigation.
If your divorce case is problematic and you cannot use mediation due to a dishonest, aggressive, uncooperative or reluctant spouse but you and your spouse still want to try to avoid litigation, it might be worth a try to engage collaborative professionals.
Collaborative divorce costs significantly more than divorce mediation, but less than litigation.
2. You want legal advice and an advocate to represent you and only you.
Since your lawyer will be representing you and only you, he/she can give you advice throughout the proceedings and advocate on your behalf if that is what you want.
And the question of whether to use divorce mediation vs collaborative divorce depends on your circumstances.
But if you want a more peaceful, fair, thorough and cost-effective divorce that is better for your kids and better for you, mediation is the better choice.
Early in the process?
The choices you make before you start your divorce are critical.
But you can only make smart choices if you take the time to prepare first!
Other Useful Resources: