When a couple decides to divorce they have a lot of decisions to make about how to separate their lives. They will need to discuss child custody, child support, how to divide assets and debts, if anyone has to pay alimony, etc. These decisions are often made by a judge during litigation. However, there are alternatives to litigation including mediation and collaborative divorce. Read on for more information and speak with a Farmington Hill divorce lawyer for skilled representation.
What is Mediation?
Mediation is a structured process used to resolve disputes between parties. An impartial third party sits down with the parties involved to resolve conflict. This can be an effective tool in divorces. It likely comes in the form of a series of meetings between the spouses. At each meeting, there should be an agenda of line items to go over. The couple will have to make decisions regarding the divorce, like creating a child custody plan or determining alimony payments.
Depending on the relationship between the spouses it could get emotional or hostile. The mediator does not have any decision-making power. Instead, he or she will simply help the couple navigate the negotiation process and keep them on track. They may make suggestions of ways each party can compromise and guide the conversation in the right direction until a mutually satisfactory decision is reached.
What is Collaborative Divorce?
A collaborative divorce is another alternative method of settling a divorce case. In a collaborative divorce, each spouse will hire a lawyer to represent them. They will attend a series of meetings, like mediation, where each party and their representation discuss and negotiate the terms of the divorce. This can be a beneficial method if there is a power imbalance in your relationship because the help of the lawyer can even the playing field. Some people are also more comfortable when they have professional advice, particularly when it comes to their finances or custody of their children.
What Are the Similarities and Differences Between the Two?
Mediation and collaborative divorce have their similarities and differences. They are both alternative solutions that help couples avoid litigation. In both scenarios, couples make their own decisions about the details of their divorce in informal meetings. Both mediation and collaborative divorce offer couples the opportunity to take control of their futures and determine what works best for their family.
However, there are some differences as well. In mediation, the only people with power are the spouses. During a collaborative divorce, the couple is also in charge, but their attorneys usually have a significant influence on decisions being made.
In mediation, there is no need to retain the services of a lawyer. However, collaborative divorce requires that each spouse is represented. This can be a positive or negative depending on how you look at it. It can be costly to hire a lawyer, however, they likely understand your rights in your divorce and can offer sound advice.
Another significant difference is the use of third-party professional opinions. During a collaborative divorce, you may reference not just your lawyer but other professionals as well. Therapists can offer insight regarding your children and impact the outcome of your custody agreement. An economic professional may be cited as well to determine a fair amount of child support or alimony.