As a divorce mediator and collaborative law attorney, I am frequently asked what the benefits are to choosing divorce mediation or collaborative divorce, as opposed to proceeding with a traditional divorce. There are many advantages to both mediation and collaborative law. Here we will touch on the most basic yet significant advantages which apply to both divorce mediation and collaborative divorce:
Personal
You and your spouse choose the process that meets your needs. You and your spouse make the decisions about how you go from being together as a couple, to being separated and moving forward individually. When you have children, you can focus on the outcome that meets your children’s needs, what parenting plan works for your family, and how the children can be supported emotionally and financially. Alternatively, in the litigation process of traditional divorce, the court often applies a cookie-cutter fix; it may not be what meets your children’s needs or your own needs.
Private
When choosing mediation or collaborative divorce, there’s no need for you to go to court. Everything is worked out behind closed doors, in a private office setting. Your process is confidential and tailored to your needs.
Flexible Pace
In a traditional divorce, you’re at the whim of the court calendar. With divorce mediation and collaborative divorce, we can work it out at a pace that best suits your own personal circumstances and situation. We will work with you to find appointment times that are most convenient for you and your schedule.
Empowering
The divorce mediation process and collaborative law process both allow you to plan for the future, your own and that of your children, as you all begin your new lives. You will learn problem solving techniques to assist you with decision making in the future. Both parties have an opportunity to be fully heard and have their priorities considered with respect and dignity, as a creative and satisfactory agreement is developed.
Cost Effective
Divorce mediation is generally less expensive than a litigated divorce, since you are generally using one professional mediator to assist you in making your decisions as you negotiate with each other, rather than with two attorneys. This reduces cost by limiting the use of attorneys to those tasks that require legal expertise, such as consulting on the law and preparing legal paperwork.
Collaborative Law can be less expensive than litigation, since your attorneys are committed to sharing information without the formal court-based discovery process that is costly and time-consuming. You also avoid the expense of paying your attorneys for court appearances and travel to and from court. In the collaborative process, the use of neutral financial professionals, process neutrals, and other affiliated professionals can also reduce the cost of the divorce.
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