Collaborative Divorce Vs. Mediation
Collaborative divorce is similar to mediation in that both parties are committed to working out their differences in a cooperative way outside of court. Parties may wish to choose collaborative divorce over mediation when it appears the parties will be unable to come to agreement without their attorneys with them or because one or both of the parties suffers from emotional, psychological, or substance abuse problems and needs his/her attorney for representation.
The divorcing couple has some control over the course of the events through mediation or collaborative divorce, unlike the opposite end of the spectrum, in litigation, in which a judge makes all of these decisions after hearing evidence presented by attorneys who advocate and argue before the court only for their client's own interests.
The difference between a collaborative divorce and a mediated divorce is that mediators do not advocate on behalf of either spouse, while in collaborative divorce each client is represented by a lawyer who is committed to the cooperative, negotiation process, while at the same time advocating for their individual client, although without resorting to litigation. Both mediation and collaborative divorce methods move away from the concepts of conflict between the sides and allowing the court to determine the outcome of the very personal issues in divorce, instead placing those decisions in the hands of the parties themselves, with the help of their individual legal advisors.
There is no single, "best" choice, only one that will fit better with the particular circumstances of your case, depending on the severity of conflict, and the ability and commitment of both sides to compromise. It is important to consider the circumstances of your relationship, separation, and ability to work together to form an agreement you both will consider fair and reasonable in determining which type of assistance you seek.
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