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How Collaborative Divorce Law and Mediation Differ
Collaborative Divorce Law offers a middle ground between
mediation and full adversarial litigation.
In mediation, the parties
meet with one neutral mediator and advocate their positions. It is not always interested-based negotiation. Often the mediation sessions can become another posturing ground. The
mediator cannot give any party advice or assist either of the parties
in advocating their positions.
In Collaborative Divorce Law, each party
is fully, individually and independently represented throughout the process. A party
who might not be skilled in negotiating or in understanding financial
or legal nuances can rely on his or her independent attorney and feel secure that he or she has a lawyer protecting and advising at all times in the process. As a client, you will understand what is happening in the process, and are advised of the legal consequences by your own, separate attorney.
Another major difference between mediation and Collaborative Divorce Law is that the entire collaborative team works with a communication specialist throughout the process. Lawyers trained in Collaborative Divorce Law recognize that traditional, ego-driven law methods are destructive to families and actively work to change the culture of divorce.
 While it is true that about 98% of family law cases settle before a trial is held, the process leading up to the settlement differs tremendously when you use the collaborative process. Rather than communicating directly with one another, you and your spouse will communicate through lawyers in traditional divorce. Even if your traditional lawyer settles the case, it will be based on proposals, counter-proposals, laws, formulas, rules and traditions - along with the ever-present threat of court.
Settlements in collaborative divorce cases first identify the outcomes that are important to you and your children. The collaborative team meets together to actively listen and reach an understanding of both party's goals, needs and interests. The settlement is then based on what is right for your unique circumstances. You and your spouse keep control of the process, which is focused on education, creative problem-solving and long term solutions.
Both litigation and the collaborative process generally lead to settlement, but the paths are very different.
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