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What is the difference between collaborative divorce and mediation?

On Behalf of | Nov 18, 2020 | Collaborative Divorce, Mediation |

A hostile divorce is an emotional, physical and financial strain on both parties. Without mutual respect, you and your spouse may have difficulty remaining civil. Even if you find it hard to agree with your spouse on important matters, you can still make a point to remain amicable.

Forbes suggests collaborative divorce or mediation for a peaceful divorce.

Collaborative divorce

Collaborative divorce is easiest if you and your spouse share a common goal. For instance, if you have children, keep them in mind as the top priority. Odds are that your spouse will also include the health and wellness of your child at the top of their priority list, too. If both of you want to ensure equitable divorce, this can turn into a shared goal that the two of you can work toward together.

Collaborative divorce is a voluntary proceeding that takes place outside of the court. The proceedings you and your spouse, each of your lawyers, and any other advisors, such as mental health professionals or financial advisors. A collaborative divorce maintains your privacy.

Mediation

When it is difficult for you and your spouse to reach an agreement, you do not necessarily have to fight it out in court. You never have to look to a judge to settle your case. Instead, you can use a third-party mediator to help solve disagreements between you and your spouse. The mediator is an objective party who hears both sides and may try to come up with compromises that both you and your spouse can live with. If you cannot agree in mediation, it does not mean that you cannot still pursue litigation.

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