Divorce can be a messy and disruptive process, but it does not need to be. Spouses can sometimes make prior arrangements for major issues, including financial support and property division, with prenuptial or postnuptial agreements.
They can also pursue a low-conflict divorce by choosing an alternative to litigation. Mediation and collaborative divorce are among the most popular alternatives to traditional divorce litigation. What separates mediation from collaborative divorce?
Mediation is about dispute resolution
Mediation is a process facilitated by a neutral third party. The mediator hears from both spouses and tries to help them reach an agreement that they both agree is appropriate given the circumstances of the marriage and the issues present during the divorce.
Mediation empowers spouses to compromise in some areas and prioritize what matters most to them during their negotiations. When mediation is successful, couples sign binding agreements that allow them to file uncontested divorces. When mediation isn’t successful, spouses may proceed to litigation or other dispute resolution options.
Collaborative divorce is an alternative process
Collaborative divorce is not a straightforward means of resolving conflict. Instead, it is an alternative approach to divorce. Spouses often commit to collaborative divorce in the beginning stages of the process by signing an agreement. They promise to do what is necessary to achieve an uncontested divorce filing.
They may agree to attend mediation as part of the collaborative divorce process. Their lawyers can negotiate with one another with the goal of ultimately proceeding with an uncontested divorce. If an attempt at collaborative divorce is unsuccessful, spouses do not just proceed forward with litigation. They often need to find new legal representation and begin the process over from the beginning.
That being said, collaborative divorce requires a commitment in good faith and can be a strong motivator for spouses to work together during the divorce process. Both mediation and collaborative divorce can give people control over the outcome of a divorce and keep much of the process private.
Exploring low-conflict divorce solutions can be beneficial for those worried about their reputations, children or finances. Mediation on its own or as part of a collaborative divorce can potentially help spouses settle their disputes and move forward with an uncontested divorce filing. Spouses who can cooperate can potentially divorce with less conflict and may even be able to end their marriages more quickly than those who litigate in court.