Alternative Divorce Methods:
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
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 allowing them to
resolve 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.