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A couple sits opposite each other over paperwork discussing collaborative divorce vs mediation
Riley Pennington

What’s the Difference In Collaborative Divorce vs Mediation?

May 6, 2021/in Family Law /by Riley Pennington

Despite the dramatization of divorce, it doesn’t always have to be a messy, contentious process. Often, couples who are in agreement that a divorce is in the best interests of both parties can finalize the divorce agreement without a long trial. If you and your spouse both agree to negotiate a fair and equitable settlement, then learn about collaborative divorce vs mediation. One may be the best path for you. It will cost significantly less — as divorce litigation can result in a much more expensive divorce. It will also help you and your spouse avoid a long and stressful litigation process.

Who Collaborative Divorce vs Mediation Will Benefit

For some couples, the formal court litigation process is necessary. Collaborative divorce and mediation work best for the following types of spousal situations:

  • Both spouses should agree that a divorce is in their best interests.
  • Both spouses should agree to negotiate a fair and equitable decision that is a compromise of both spouse’s needs.
  • If the spouses share children, both spouses should have a relatively similar idea of a custodial arrangement that is in the best interests of the children.
  • Both spouses should agree to be transparent about financial information and property assets.

Before deciding between collaborative divorce vs mediation, it is important to understand what both options can mean for your divorce settlement.

What is Collaborative Divorce?

Collaborative divorce is the process of negotiating a divorce settlement in a four-way conversation with both spouses and their collaborative mediation attorney. 

Many people chose collaborative divorce because it may save them from going to court, but still requires qualified collaborative divorce lawyers to represent their interests. Oftentimes, collaborative divorce requires a third-party accountant and a child custody specialist so that they may determine an equitable division of property and a child custody arrangement that is in the children’s best interest.

Once the spouses and their attorneys reach an agreement, the details are presented to a judge in a trial setting, in which the judge quickly reviews and typically approves the divorce settlement. Since the spouses reached an agreement before the court hearing, the process is usually shorter and less stressful than typical divorce litigation.

What is Divorce Mediation?

Divorce mediation is the division of property that is facilitated by a divorce mediation specialist. 

The divorce mediation specialist does not need to be a qualified divorce attorney, however, couples with high-asset-net-worth are advised to hire a divorce mediation lawyer.

In this scenario, the mediator speaks to both spouses to obtain background information. Next, the mediator meets with both spouses and goes through the formal mediation process in which both couples share their perspectives and interests. The mediator’s goal is to allow both parties to express their interests and create an equitable compromise. The mediator also ensures that one spouse does not overpower the other spouse during the mediation process.

Although an independent divorce attorney is unnecessary in mediation, some spouses wish to have an attorney who they can speak to after the mediation meetings. Additionally, some spouses feel that they are unable to promote their interests on their own and bring their personal attorney to the mediation meetings. If your spouse brings their attorney, it is highly recommended that you do so as well.

How to Determine If Collaborative Divorce vs Mediation Is Right for You

If you are still uncertain if you and your spouse should choose the collaborative divorce or mediation process, then it is recommended to speak with a qualified divorce attorney. 

LPEP is a reputable law firm in San Jose specializing in high-net-worth divorce proceedings. Contact our office today for a 30-minute free consultation so that we can advise you on how to protect your interests without a stressful trial.

Riley Pennington

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Riley V. Pennington graduated from Sonoma State University with a degree in Political Science. Riley was heavily involved in several leadership organizations and student government, while serving as President of Alpha Xi Delta Fraternity and as a member of the executive board of the Panhellenic Council. Riley received her Juris Doctor from Thomas Jefferson School of Law. During her time as a law student, Riley was a member of the Public Interest Law Foundation as well as the Family Law Society. In addition to being named to the Dean’s List on numerous occasions, Riley was awarded the Jefferson Medal for excellence in legal writing.

Tags: collaborative divorce, divorce mediation
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https://www.lpeplaw.com/wp-content/uploads/2021/05/collaborative-divorce-vs-mediation.jpeg 457 684 Riley Pennington https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Riley Pennington2021-05-06 19:57:042021-12-22 19:47:33What's the Difference In Collaborative Divorce vs Mediation?
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LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

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