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Collaborative Divorce: Learn The Benefits Compared To Divorce Mediation 

Collaborative divorce is a different process of burying a dead marriage that is often less painful and scarring both to the spouses and to their children. Fighting in divorce court about property, custody, and support is emotionally draining, expensive and makes post-divorce communication more difficult.

Collaborative divorce is appropriate when the parties have agreed on a number of issues and want a fast track divorce. It is a team approach to divorce that includes gender-balanced mental health professionals who act as divorce coaches, a neutral financial specialist, Collaborative Divorce attorneys, and when needed, a child specialist. Divorcing families receive expert assistance from mental health specialists, and financial and legal experts to help them settle their cases. Also it is comparatively cheaper than litigation. Choosing collaborative law also helps a family going through divorce to stay together and respect one another, rather than cutting each other down through an extensive and embarrassing litigation divorce. Collaborative Divorce is an integrated cross-disciplinary system for problem solving in a divorce situation. It will require collaborative lawyers to coordinate their work with other collaborative professionals who specialize in addressing the emotional and financial problems of divorce.

Divorce mediation is different than Collaborative Divorce. Mediation is very participant driven. The spouses, with the help of the mediator, define their interests and arrive at a mutually beneficial resolution. Mediation, in which an impartial third party facilitates negotiations between the spouses, has for a long time been an attractive option for couples trying to avoid the high costs of a litigated divorce and maintain some sense of civility. Spouses involved in a mediated divorce still may choose to hire consulting attorneys, who more than likely will not attend the negotiation sessions, but are available to give legal advice between meetings.

The difference with divorce mediation is a more adversarial process wherein each party uses bargaining chips to either reach their goal or prevent the other party from receiving what they value most. Collaborative divorce is non (or less) adversarial and, while both parties are feeling the emotional and financial aspects of divorce, the parties are less about blame, guilt, etc., and instead choose to focus on reaching a settlement that is reasonable or acceptable to both parties.

Collaborative Divorce is less destructive to the family with resolving disputes respectfully and instead of regarding this as a chance for revenge, attorneys and individuals involved in a collaborative divorce has devoted their time to achieving an amicable agreement between the two parties. The spouses can share the cost of experts like child and family specialists and accountants, and the process can be much faster and cost-efficient than a divorce that culminates in a full-blown trial.

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