Should I Use Mediation or Collaborative Divorce? 

 Posted on October 22, 2021 in Divorce

Collaborative divorce and mediation are two alternative dispute resolution strategies that help divorcing couples work through all the issues that must be resolved in a divorce. Marital asset division, spousal maintenance, allocation of parental responsibilities, parenting time, and more can all be handled in a way that allows couples to stay focused on finding solutions.

When both spouses are invested in obtaining a successful outcome, mediation and collaborative divorce can make divorce faster, less expensive, and more peaceful. Although they have similarities, these two strategies are not the same. Understanding the difference can help you choose an approach that is right for you.

What is Mediation?

Mediation is conducted by a specially trained, unbiased third-party mediator who is often an attorney. Both parties generally pay for mediators, but they do not represent either spouse. They cannot give legal advice, and their focus is on keeping parties moving towards an agreement. Mediators help couples brainstorm different options, navigate compromises, make priorities, and eventually come to an agreement.

Mediation is voluntary (although it can be court-ordered) and either spouse or the mediator can end the process. If a spouse is trying to stall mediation by being uncooperative, a mediator cannot force them to comply with proceedings. But spouses who can cooperate are not obligated to resolve every issue through mediation, and spouses who can agree on certain issues before attending mediation will experience a faster, easier mediation process.

What is Collaborative Divorce?

Collaborative divorce does not have a neutral third party acting as a facilitator throughout negotiations. Instead, each spouse hires their own attorney and the attorneys work together with the spouses to achieve a favorable outcome. Everybody has an incentive to achieve compromise in collaborative divorce because if the process is unsuccessful, the entire process dissolves and attorneys cannot represent spouses in individual litigation or future collaborative processes.

Collaborative divorce attorneys have dispute resolution skills and will try to help spouses stay focused on resolving problems. Couples have the added benefit of bringing in other professionals to the collaborative team, including child psychological specialists who can advise parents on arrangements that could benefit the children. Spouses can also hire divorce coaches, financial planners, and any other professional who could help them reach an agreement.

Meet with a Kendall County Divorce Mediation Attorney

An experienced North Aurora divorce attorney at The Law Office of Matthew M. Williams, P.C. can help you choose a method for divorce that suits your unique circumstances. Mr. Williams has helped hundreds of couples get divorced. He provides attentive client service throughout the divorce process so you can get through it and move forward with your life. Call our offices today at 630-409-8184 to see how we can help you.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51