Divorce mediation and collaborative divorce allow couples to finalize their divorce agreements without going to court. Both alternatives to the traditional and adversarial process of court litigation are less expensive, time-consuming, and emotionally trying.
However, there are several differences between mediation and collaborative divorce. The following is a breakdown of the differences between each approach to divorce.
Divorce Mediation
In mediation, the spouses work with a neutral third-party (the mediator) to resolve divorce-related issues and any legal, logistical, and financial matters, encourage communication between both parties, help them make informed decisions, and reach a final agreement. The mediator is generally an attorney, counselor, therapist, or any other professional who is trained in divorce mediation.
Sessions can be held in any setting, whether it’s the couple’s home, the mediator’s office, or any other location at any time. Once the parties resolve their differences, the mediator prepares an agreement, which is then reviewed by each spouse’s attorney. The process ends after either of the spouse’s attorneys file the agreement and any corresponding documents to obtain a Judgement of Divorce from the court.
The following are the main features of mediation:
Mediator (a neutral party) helps the spouses negotiate
Mediator does not decide on any matters related to the case
Flexible
Informal
Cheaper compared to litigation
Quicker than litigation
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Collaborative Divorce
Also known as the collaborative law process, collaborative divorce is a hybrid of traditional divorce with lawyers and divorce mediation. Each party hires their own collaborative divorce attorney, who is responsible for obtaining the most favorable outcome for their client.
The spouses and their lawyers sign a contract—known as the “participation agreement”—which states they are committed to using the cooperative dispute resolution approach, rather than combative tactics to find an agreement. A series of meetings between the parties and each of their attorneys—along with other professionals such as accountants, child specialists, etc.)—are held in a law office to negotiate the terms of the divorce.
However, if the couple cannot reach an agreement, the two divorce attorneys are required to withdraw from the case. This means the spouses must start all over with a new lawyer and continue through family law court proceedings.
The main features of collaborative divorce include:
Collaborative attorneys represent the spouses
The spouses and attorneys sign a “participation agreement” to keep the case out of the court
Both parties and their lawyers negotiate in “four-way” meetings
Collaborative professionals may be involved
Flexible
Informal
Cheaper compared to litigation
Quicker than litigation
Confidential
If you are interested in filing for divorce in the San Fernando Valley, call Cutter & Lax Attorneys at Law at (818) 839-2533 or complete our online contact form today to schedule an initial consultation. Our legal team has more than 30 years of experience serving clients in Sherman Oaks, Encino, Van Nuys, Studio City, and beyond!
