Alternative Divorce Methods: How Does Collaborative Law Differ from Mediation?

How Collaborative Divorce Works

Given the emotional, and sometimes volatile nature of divorce, it can be difficult for a couple to come to an agreement on their own. At this point, most couples hire their own counsel and are prepared to "duke it out in court." However, if you and your spouse are still in an amicable position, collaborative divorce can prove to be a more simple and cost-efficient method than traditional divorce.

Collaborative divorce is an alternative method to divorce litigation. Instead of you and your spouse taking each other to court, you can work together, assisted by your own legal counsel, to resolve your differences and come to an agreeable settlement. With cooperation from both parties in an open environment that encourages communication, it will be much easier for your family to decide on the terms of the divorce so that everyone can begin to move forward.

How is Mediation Different?

If your divorce has already proceeded to litigation, you may not be able to utilize collaborative divorce. However, if you and your spouse are struggling to come to an agreement, you may want to use mediation to help you work out your differences. The primary difference between mediation and collaborative divorce is that mediation is facilitated by a neutral third-party designed to help both sides communicate and take control of the legal process.

By facilitating reasonable solutions to any existing issues, an experienced mediator can aid you in deciding the terms of your separation or divorce. Divorce mediation may not be possible for all situations, but it is highly recommended for those couples willing to come to an agreement on their own without intervention from the courts. If you and your spouse cannot come to an agreement during litigation, the fate of your divorce will be decided by the judge or jury, and both of you may suffer from an unfavorable outcome.

Both collaborative divorce and mediation offer the following benefits:

  • Listen to what’s important to each party.
  • Minimize partner conflict by communicating openly.
  • Empower client by giving them control of the legal process.
  • Lay out the pros and cons of multiple solutions & alternatives.
  • Provide essential resources to maximize emotional and financial stability in the family.
  • Help spouses place a high priority on the children’s best interests.

Call Today to Pursue an Alternative Method to Divorce

At Claery & Hammond, LLP, we always encourage our clients to pursue either collaborative divorce or mediation because it is allows them toresolve their divorce in a time and cost-effective manner with the least amount of headache.

Founding partner and attorney Lance Claery has guided countless clients through the collaborative divorce/mediation process, and our firm is dedicated to providing every client with the knowledgeable and attentive representation they deserve. If you are interested in pursuing an alternative to divorce litigation, we encourage you to call us at (310) 817-6904 today, or take a few moments to fill out a free case evaluation form.

  • We focus only on divorce and family law cases
  • Our attorneys handle all types of family court issues
  • We provide caring and effective legal advocacy
  • Our team has more than 50 years of combined experience
  • We offer a FREE initial case consultation