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.
Related Videos:
Child Support
Payments: An Overview How To Calculate Child Support
Child Custody
Rights: How Parental Custody Rights Are Determined
Child Custody Laws:
Learn How States' Laws Differ
Computer
Forensic Investigation: How It Can Help With Your Divorce Case
Causes Of
Divorce: Learn Why Married Couples File For Divorce
Find An Attorney:
How To Select A Divorce Attorney

View all
Family Law Articles
|