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What’s better Mediation or Collaborative Divorce?

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When a couple walks into a marriage, divorce is the last thing on their mind. However, sometimes when the relationship isn’t going well and the problems get too out of hand, divorce is the only option left. There are a few different methods that are followed in a divorce process. The most common ones are collaborative divorce and mediation divorce.

Most couples prefer to hire a collaborative divorce lawyer so that the settlement can be made out of court and the long legal battles can be avoided. However, there are many divorces that are not mutual or the partners are too estranged to arrive at a mutual settlement. In such cases, the couples prefer to go for a mediation divorce.

As collaborative divorce is based on mutual understanding, it is considered to be a lot less traumatizing and saves the couple from a lot of emotional stress. This is why most people consider it to be a better process. But is it really a better option than mediation divorce?

Here we will go through both these divorce procedures to understand which a better way to go for is.

How is Collaborative Divorce different from Mediation?

Collaborative divorce is often referred to as divorce with dignity, wherein the couples try to avoid the courtroom and the trial all together and focus on coming to a mutual settlement out of court with the help of a collaborative divorce lawyer.

As opposed to the collaborative process, mediation divorce involves a neutral and trained mediator that serves as a facilitator to assist the couple in reaching in settlement of the areas of differences in a safe and amicable setting. This process is usually suggested to couples who are too estranged to come to a mutual understanding in the important matters of the divorce agreement.

In a collaborative divorce most of the discussion is shaped by the clients. Whereas in mediation the lawyers do a lot of homework to gather facts. And do most of the talking to turn the case in favor of their client. Mediation can happen after a divorce case has been filed and started in court. Whereas collaboration is usually decided on before the case goes to court in an effort to avoid the long legal battles. And the emotional stress that comes with it.

Disadvantages of Mediation Divorce

Following are the disadvantages of mediation divorce:

  • It requires a lot of time, money and emotional investment.
  • The whole process may turn out to be useless if no agreement is reached.
  • If the client reveals their walk-away point. If mediation fails then the opponent gains an advantage in the case going forward.

Disadvantages of Collaborative Divorce

Following are the disadvantages of collaborative divorce:

  • If the client is not willing to work with their former partner. And talk through the issues to reach a mutual agreement, then the whole process is useless.
  • If there is a lot of communication gap between the couple. There are high chances that the collaborative process won’t work.

Is Collaborative Divorce better?

The fights and arguments that go into a legal divorce battle can be traumatizing to the couple as well as their families. However, this can be avoided by choosing a collaborative divorce that will allow the couple to reach a mutual settlement. This process usually involves divorce coaches, child specialists. And other professionals that will guide the couple and help them go smoothly. Through the hardships involved in the divorce process. If the couple lands a good collaborative divorce lawyer, this becomes the best method to reach a peaceful divorce with proper emotional and psychological support.

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