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Mediation, collaboration: two alternatives to a litigated divorce

On Behalf of | Mar 11, 2022 | Divorce

Uncontested divorce is an option that many couples choose when they want to end their marriage with minimal cost and conflict. By avoiding litigation, spouses may save time, money and stress while maintaining control over how their separation plays out.

Divorce mediation and divorce collaboration are two types of alternative dispute resolution that couples can use to help them navigate issues ranging from dividing property to deciding on parenting time schedules.

What is divorce mediation?

During divorce mediation, both spouses agree to work with a neutral family law mediator. Once the mediator understands each spouse’s concerns and goals, he or she helps guide both parties toward potential resolutions. Rather than make decisions for the couple, the mediator acts as a facilitator, ensuring effective communication and promoting a problem-solving attitude.

How is divorce collaboration different?

Divorce collaboration also involves negotiating an agreement out of court and in good faith. However, during divorce collaboration both spouses retain their own legal counsel. In a series of negotiation sessions in which all parties are present, both sides work together to resolve issues in a way that is cost-effective, low-conflict and focused on finding truly workable solutions.

While there are many potential benefits of pursuing either mediated or collaborative divorce, perhaps the most important is the fact that the spouses themselves are in control of the decision-making process. Rather than leaving crucial issues about child care, property division and more up to the court, these forms of alternative dispute resolution allow divorcing couples to find their own path forward.

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