Ending a marriage is a tough decision. Not only does a divorce take a toll on you emotionally, mentally, and financially, but it can also affect your family and children. Hence, it is only natural that you want the entire process to be over soon. While some divorce cases may have to be resolved in court, most couples can try mediation or collaborative divorce if they don't want to take the case to court. A divorce lawyer in Scottsdale explains what mediation and collaborative divorce are and their benefits and differences.
Mediation lets two people resolve their divorce out of court. The spouses work with a neutral third person, called the mediator. The mediator will help them agree on the divorce terms. The primary benefit of mediation is that your spouse and you can work with the same mediator. You don't need separate mediators to take you through the divorce process. The mediator will act as a negotiator to help you decide on critical terms like child support and custody and division of debts and property. Once you reach an agreement, the mediator will draft a memorandum of understanding noting the agreed-upon terms.
Collaborative divorce is another option if you don't want a lengthy divorce process. It is typically led by two attorneys specializing in collaborative law. Both you and your spouse must hire a collaborative divorce attorney to represent each of you. You will have four-way meetings where you and your spouse will meet with both your attorneys to discuss the divorce terms. You will also meet with your respective attorneys separately to discuss the matters important to you.
The process of collaborative divorce is different from that of mediation. Here, each party will hire an attorney and work with them to discuss the divorce terms and agreements. Unlike a traditional divorce, you will not have to appear in court for a trial. The entire process is intended to be cooperative instead of combative. You can also consult outside experts, like mental health professionals, to negotiate the terms of your divorce during this process.
During mediation, on the other hand, you will hire a mediator to take you through the divorce process. They will help you and your spouse to reach an agreement. You will have to schedule private sessions to work together and draw up the terms for the important issues in your divorce. The mediator's role will be that of a peacemaker. They cannot give you legal advice or make decisions for you. Instead, they will attempt to resolve any tension between your spouse and you, help you put aside your differences, and work on the divorce terms. Once you reach an agreement, the mediator will draft the divorce settlement.
While both mediation and collaborative divorce let you negotiate your divorce terms without going to court, these two methods are different from each other and have their advantages. Below are some of the advantages of mediation vs. collaborative divorce:
Mediation gives you and your spouse control over your divorce settlement, as both of you will have a direct say when determining its terms and conditions. You and your spouse can voice your concerns and make suggestions. Your divorce settlement will be final only after both parties agree to all the terms. However, you may not get legal advice while drafting these terms during this process.
Since the mediator is a neutral third person who doesn't take sides, and both you and your spouse can give your opinion on the terms, the divorce agreement at the end of mediation will be fair to both parties involved.
Mediation, usually, is a peaceful process. While you may not agree with everything your spouse says during the process, the mediator will be trained to help you negotiate the issues and find a middle ground, making the entire process peaceful. With collaborative divorce, on the other hand, things can go out of hand if you or your spouse disagree on certain terms and conditions. You will then have to work with your respective attorneys to reach a mutual agreement.
When compared to collaborative divorce, mediation takes less time to complete. You and your spouse can control how soon you want the entire process to end. Also, since all communication occurs in real-time during mediation, you can discuss and resolve any disagreements during the meetings.
Mediation is cheaper compared to collaborative divorce. This is because you just need to hire one neutral mediator. This trained and experienced mediator can help you reach an agreement quickly, saving you a lot of money. During a collaborative divorce, on the other hand, both you and your spouse must hire one attorney each. In addition, you may also need to consult other professionals during the process. As a result, the entire process can cost you more.
Sometimes, you may not reach an agreement through mediation. However, if you still want to avoid going to court, you can try a collaborative divorce. While the entire process may cost you considerably more than mediation, it may help you reach an agreement without taking the case to trial.
A collaborative divorce, unlike mediation, allows you to get legal advice and representation from an attorney. Both you and your spouse can hire attorneys to represent you throughout the proceedings while keeping the case out of court.
Whether you choose mediation or collaborative divorce is your choice. While both have pros and cons, you and your spouse must decide how you want to proceed with your divorce proceedings. Mediation may be a good option for spouses who agree to most divorce terms and want a similar outcome.
https://familylawattorneymesaaz.net/scottsdale/divorce-lawyers-scottsdale-az/ offers divorce attorneys who can help you navigate the complicated divorce process. We can help you determine whether a traditional divorce or mediation is the right choice and legally guide you through the entire process. Our experienced lawyers can help you with traditional divorce proceedings, child custody, child support, mediation, paternity, and spousal support.
Name, Address, and Phone
Genesis Family Law and Divorce Lawyers in Scottsdale AZ,
7702 East Doubletree Ranch Road #336,
Scottsdale AZ 85258,
4805811650
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