Collaborative Divorce vs. Mediation: Finding the Right Path for Your Divorce
Choosing the right path for your family’s well-being when divorcing is essential to future relationships with your co-parent and children.
Collaborative divorce and mediation are both out-of-court processes but serve different purposes. Let’s dive into the distinctions to help you make an informed choice.
Collaborative Divorce
– Collaborative divorce is a team-supported process where both partners have attorneys, financial neutrals, divorce coaches, and child mental health specialists.
– This approach provides comprehensive support throughout the divorce, ideal for cases with complexities like co-owned businesses or special child custody needs.
– Is an excellent option when communication is lacking trust or unresolved emotions cloud the picture. The divorce coaches assist clients in processing their emotional aspects, paving the way for creative solutions and settlements.
Mediation
– Mediation involves a neutral third party who facilitates negotiations for the couple.
– Additional professionals, such as communication coaches, financial neutrals, or accountants, can be brought in as needed.
– It’s an excellent choice for couples with robust communication, less need for structure, and fewer complications.
Empowering the Less Communicative Spouse
Collaborative divorce empowers the spouse who might be less communicative or withdrawn. In traditional litigation, such individuals often take a back seat, increasing conflict and leading to a winner/loser scenario. In collaborative divorce, both partners actively participate in the process.
Taking Control of Decision-Making
In a collaborative divorce, you retain control over the decision-making process. You actively engage in discussions, ask questions, and have a say in the outcomes. In court litigation, the decision-making lies with a judge, often resulting in less creative and more punitive resolutions.
The Collaborative Family Law Group of San Diego is a nonprofit, multi-disciplinary referral network. It comprises independent professionals, including attorneys, mental health experts, and financial advisors, working together to learn, practice, and promote Collaborative processes for problem-solving and the peaceful resolution of family law issues.
Reach out today to collaborate with a team prioritizing consensual and respectful resolutions to protect your family.
Note: This information is general and should not be considered legal, financial, tax, or mental health advice. Consult with your attorney or financial, mental health, or tax professional for personalized guidance.
