Collaborative Divorce vs. Divorce Mediation: Which Is Right for You?

If you and your spouse have decided that divorce is the best option for your family, there are ways to resolve any remaining differences you have outside of fighting in court. Two common forms of alternative dispute resolution here in Massachusetts are collaborative divorce and divorce mediation. If you are not familiar with either process you may assume they refer to the same thing. But they are, in fact, quite different.

Here is a brief explanation of how the two differ.

Mediation: Working With a Neutral Third Party

Divorce mediation involves both parties hiring a neutral third person, a mediator, to assist them in reaching an agreement regarding any unresolved issues affecting the divorce. The mediator is not a judge or an arbitrator. They have no authority to decide any issues or resolve any conflicts. They are simply someone trained in assisting divorcing spouses reach a voluntary agreement.

Typically, the mediation process is limited to just the parties and the mediator. Neither spouse is required to hire their own attorney. They are still free to do so, of course, but keep in mind, the goal of mediation is for the parties to reach an agreement as expediently as possible.

Collaborative Divorce: We’re All In This Together

Collaborative divorce is a more involved process than divorce mediation. For one thing, both spouses do have their own attorneys. In this case, they are attorneys who are specially trained in handling collaborative divorce cases. The idea is that the spouses and their attorneys all work together to resolve outstanding issues. This often includes bringing in other professionals, such as experts who can value any marital assets.

When Things Don’t Work Out

Neither divorce mediation nor collaborative divorce requires the parties to reach an agreement. Either spouse can withdraw from the process if they feel it is not achieving their goals. When this happens, however, both sides effectively “go back to square one.” This can mean pursuing traditional divorce litigation.

One thing to note here is that when collaborative divorce proves unsuccessful, the attorneys for both sides must withdraw from the case. This is an integral part of the collaborative divorce process. So if you pursue collaborative divorce and things do not work out, you will need to hire a different attorney if there is litigation instead.

Contact a Peabody Family Lawyer

Divorce mediation and collaborative divorce both require a certain degree of trust between the parties. If the relationship has decayed past the point where one party does not feel safe around the other, it is often in that party’s interest to pursue divorce through traditional litigation. But where the parties are willing and able to work together, it can save substantial time and expense to pursue one of these alternatives.

If you need legal advice on the best way to handle your own divorce, our Peabody family lawyer is here to help. Contact Reade Law Firm, PC, today at 978-767-8383 to schedule a consultation.