If you are considering divorce, you have several options before deciding to take your divorce to court. Mediation and collaborative divorce are two different approaches that encourage couples to dissolve their marriage without going to court.


Although these two strategies have certain parallels, they are not the same. The distinctions between these two can assist you in deciding which is more suitable for your situation. Let’s take a closer look.


Differences Between Collaborative Divorce and Mediation


Collaborative divorce and mediation both encourage couples to dissolve their union in a more flexible way out of court. Both of these approaches are less aggressive than divorce lawsuits that require both parties to play things out in court. They will also help you and your ex-partner provide a stronger foundation as co-parents if you have children.


Comparing Collaborative Divorce and Mediation


  • Each partner is represented by a divorce attorney in a collaborative divorce. On the other hand, the mediation process is mediated by an independent third-party mediator who does not speak for either party but acts as a go-between.
  • All lawyers must withdraw from the proceedings if the collaborative divorce process fails.
  • Several sessions will take place during the collaborative divorce proceedings between you and your partner, as well as your lawyers. Some experts, such as child psychologists, will be present at these meetings to help you reach an understanding.
  • During the mediation process, the mediator will serve as a peacemaker and will assist you in brainstorming ways to help you reach a mutually beneficial settlement.
  • Unlike the collaborative divorce process, you and your partner are not obligated to have an attorney present during the mediation process. While you have the option of having an attorney present, they are not bound to be there. Your divorce attorney is also under no pressure to withdraw from the case if the process fails, and you may proceed into the trial.


What Are the Downsides of Collaborative Divorce?


The only disadvantage of collaborative divorce is that your lawyer must resign if it fails, and you must start with a new lawyer and potentially new consultants and advisers. This means a lot of money and time will be spent getting new counsel to speed and hiring new representation. Because of this stipulation, some attorneys are skeptical of collaborative divorce. Furthermore, some attorneys contend that collaboration legislation dilutes the position of your counsel, who is supposed to seek concessions and alternatives agreeable to the opposing party while still defending your interests.


What Are the Downsides of Mediation?


If you cannot negotiate a settlement by mediation, you will be forced to restart the process. This can cost you a lot of money after you’ve already spent money in the mediation process. If you are worried that mediation will not succeed, make sure you hire a lawyer willing to go with you to court.


Contact Johnson Law Firm to Schedule a Free Consultation


Regardless of which method of divorce settlement you are considering, Johnson Law Firm is here to help. Contact us today to schedule a free consultation with a reliable Lancaster divorce lawyer from our firm.