Everyone knows that divorce is a stressful and emotionally grueling process. However, advancements in the way we manage divorces have made the process simpler, faster, cheaper, and more amicable. Two such ways of handling a divorce that do not require opposing your former spouse include mediation and collaborative law. In this article, the Danville, IN divorce lawyer Chris Arrington will discuss key differences between collaborative law and mediation.

What is collaborative law?

Collaborative law is one alternative to traditional litigation. It allows those going through a divorce to work with legal counsel and other family professionals to tailor their final divorce documents to their specific needs. Collaborative law allows the divorcing couple to avoid the uncertain outcome of a judge making all the final decisions; the couple can draft a final document to meet the specific needs and goals of both the spouses and their children.

Collaborative law focuses on open communication and cooperation between each party to find mutually agreeable solutions, often involving other professionals such as child specialists or financial specialists.

What is mediation?

Mediation is another form of alternative dispute resolution in which a neutral third party, known as the mediator, helps those going through a divorce work to resolve their dispute. The mediator does not provide legal representation but instead facilitates discussions and helps both parties reach an agreement. While the mediator is generally a lawyer, the mediator cannot provide legal advice to either party. Neither is the mediator a judge. The mediator does not make any final decisions. In addition, mediated agreements are not legally binding unless a settlement is reached and formalized in a court order.

The major advantage of mediating a divorce is that it typically costs significantly less money than traditional litigation. Traditional litigation is when both parties battle it out in front of a judge. Mediation allows couples to work through their issues privately and can lead to more personalized solutions.

What are the key differences?

There are several substantial differences between collaborative law and mediation. Collaborative law is meant to split the difference between mediation and litigation, offering couples a third alternative on how to dissolve their marriage. Mediation won’t work for all couples. In some cases, it may not be appropriate. Collaborative law or collaborative divorce is an effective middle ground between litigation and mediation.

One major difference between collaborative law and mediation is that each party has their own attorney to join in a collaborative divorce. The attorneys and their clients sign a contract committing to the collaborative law process and avoiding litigation. Even threatening litigation can cause the proceedings to break down. In that case, the attorneys would not be able to represent the clients in a litigated divorce.

Talk to a Danville, IN, divorce mediation attorney today

Chris Arrington represents the interests of divorcing couples in Danville, Indiana. If you need divorce representation, give our office a call today to schedule an appointment, and we could begin addressing your concerns right away.