Collaborative vs Mediation

Mediation

Divorce mediation is a voluntary process where divorcing couples work together with a trained mediator to negotiate and resolve their differences in a non-adversarial forum. In mediation, no one decides who is right and who is wrong, or who wins and who loses. The mediator facilitates communication and helps you to clarify and articulate particular needs and interests and then to assist the parties in creating and evaluating options.

Sensibly used, mediation provides the opportunity to find fair and realistic solutions to the economic and practical issues facing the family and also helps to heal the psychological rift. Mediation is based on the premise that the people getting divorced are in the best position to make decisions that will have long-term personal and financial consequences on their lives.  In this way, Mediation and Collaborative Divorce are similar.

Collaborative Law and Mediation differ in the following respects:

  • The Collaborative team provides targeted legal, emotional and financial support from the inception of the case, whereas a mediator must be wholly impartial and cannot give either party legal advice or counsel.
  • The Collaborative team provides balance in power, personality, information and financial resources that may exist between husband and wife.
  • Collaborative process provides support for the spouse who is not effective or confident to advocate for him/herself.
  • Collaborative law provides a system of checks and balances that improve the chances of achieving a fair and equitable settlement.
  • The Collaborative team will educate and encourage the parties in co-parenting.