Divorce does not always have to involve a contentious courtroom battle. For spouses willing to communicate and work toward an agreement, alternative ways to resolve family law matters can help you maintain greater control over important decisions.
At Smith & Smith Law Office, LLC, our team approaches each case with a focus on collaboration. Two options that may help families resolve disputes outside of traditional litigation are mediation and collaborative law. While both processes encourage cooperation, they work differently. Understanding those differences can help you determine which approach may be a good fit for your family.
What Is Mediation?
Mediation is a process in which disputing parties meet with a specially trained, neutral third party to discuss and resolve family law-related issues.
Unlike a judge or magistrate, the mediator does not make decisions for the parties. Instead, the mediator facilitates discussions and helps the parties work toward a mutually agreeable resolution. The involved parties maintain power and control over the outcome rather than leaving important decisions to the court.
Mediation can be used in divorce, dissolution, post-divorce custody, parenting rights, grandparents' rights, and child support matters. Smith & Smith also notes that mediation can help build communication and co-parenting skills, which may be particularly valuable when parents will continue working together after their relationship ends.
Although the mediator remains neutral, each party can still benefit from legal counsel. A family law attorney can provide advice and guidance during mediation and help ensure the agreement reflects the client's best interests.
How Does Collaborative Divorce Work?
Collaborative law also focuses on resolving family law matters without a courtroom battle, but the process is structured differently.
In the collaborative law process, both parties agree to participate, disclose relevant information, and refrain from courtroom litigation. An attorney represents each spouse, and the team meets to discuss and negotiate. Those meetings may include both spouses, their attorneys, a neutral divorce coach, and a neutral financial professional.
Everyone involved shares the goal of reaching an agreement. Participants gather, share information, and develop solutions that address each party's goals. Collaborative law can resolve issues involving child custody, spousal support, and other matters that must be addressed during divorce.
Once the issues are resolved, the attorneys prepare the necessary documents so the court can finalize the divorce.
What Is the Difference Between Mediation and Collaborative Divorce?
One primary difference is the structure of each process.
In mediation, a neutral mediator facilitates negotiations between the parties but does not make decisions for them. The parties work toward their own agreement and may receive advice and guidance from their individual attorneys.
Collaborative law uses a team approach. Each spouse has an attorney participating in the collaborative process, and neutral professionals may also be involved. Both parties commit to resolving their issues through the collaborative process rather than courtroom litigation.
Despite these differences, both approaches allow families to maintain greater control over decisions that will affect their future.
Which Approach May Be Right for Your Family?
No single process is right for every family. The right approach depends on your circumstances, the issues that need to be resolved, and both parties' willingness to work toward an agreement.
Mediation may provide an effective way for parties to discuss and negotiate family law issues with the assistance of a neutral professional. Collaborative law may be appropriate when both spouses are willing to cooperate, compromise, disclose relevant information, and commit to the collaborative process.
For families who want to avoid the adversarial nature of courtroom litigation, both processes provide options for working toward a resolution while maintaining greater involvement in the outcome.
Finding a Better Way Forward
At Smith & Smith Law Office, LLC, we understand that every family is different. From our offices in Maumee and Swanton, our family law attorneys work closely with clients to understand their needs and specific goals and help them find a better way forward.
If you are considering divorce and want to learn more about mediation, collaborative law, or other alternatives to traditional litigation, contact Smith & Smith Law Office, LLC to discuss which options may be available for your situation.