Collaborative Divorce offers a middle ground between mediation and full adversarial litigation. It differs from mediation in several important respects.
In mediation, the parties meet with one neutral mediator and advocate their positions. They may or may not be represented by a lawyer. The mediator cannot give any party advice or assist either of the parties in advocating their position. Evaluation of offers made in mediation are evaluated on your expected “best day/worst day” at court. The threat of litigation is ever-present in mediation.
In the collaborative divorce process, each party is fully and individually represented throughout the process. Parties who might not be skilled in negotiating or in understanding financial or legal nuances can feel secure that their lawyer is protecting their interests and that they will get the information they need to effectively participate in the collaborative process.
In addition, the parties and the attorneys in the collaborative process are assisted in the negotiation sessions by a trained communication expert, who acts as a neutral professional to advise all participants in how to more effectively communicate and define their interests and options. This “interest-based” negotiation helps you reach a deep and lasting resolution of the marital conflicts that have developed over the years.
