When two people decide to get divorced, a settlement agreement must be created to determine the terms of all relevant issues like property division, debt allocation, alimony, child custody, and child support. There are many ways to reach a settlement agreement, including traditional litigation. However, the couple is often encouraged to try other options first, like mediation or collaborative divorce. It is important to have a clear understanding of all of your options during your divorce. For more information, continue reading and speak with a knowledgeable Montgomery County divorce lawyer today.
What is Mediation?
Mediation is a form of ADR (alternative dispute resolution). It can be used for a variety of conflicts, but is becoming increasingly popular for divorcing couples. During the process, both spouses will attend one or several meetings with a neutral third party who acts as a mediator.
The process is structured, with the mediator helping the spouses negotiate the terms of all relevant issues. Their job is to facilitate the conversation and encourage open communication, empathy, and understanding. The mediator does not represent either party or have any authority over the decisions being made; only the couple can make final decisions regarding the settlement agreement.
Mediation is a voluntary process, but it should be noted that courts can require couples to attend sessions depending on the details of the circumstances.
What is Collaborative Divorce?
Collaborative divorce is another ADR often used to resolve the issues of a divorce and create a settlement agreement. In a collaborative divorce, each spouse acquires separate legal representation in the form of a collaboratively trained attorney, and all parties involved (including the lawyers) sign a participation agreement. This agreement states that all individuals are committed to avoiding litigation and promise to participate in a cooperative and honest collaborative divorce process.
The couple and their attorneys will meet in a series of sessions to negotiate the terms of the settlement agreement. Each party’s lawyer will represent them, and they may receive input from other professionals like financial experts, mental health professionals, or child specialists. It is similar to mediation, but in this case, the couple is not the only authority present.
Which ADR Should I Choose?
Both mediation and collaborative divorce offer couples the chance to engage in a less stressful, more peaceful, and cost-effective environment. ADRs allow the couple to maintain control of the outcome of their divorce, but the one that makes the most sense for you depends on the specific circumstances of your situation.
Mediation is often less expensive than collaborative divorce, as there are fewer professionals and experts involved. The divorce can also be resolved faster in mediation because only the couple’s and the mediator’s schedules need to align. However, collaborative divorce has its advantages, notably the additional support and protection offered. Additionally, either party can walk away from mediation at any moment, as there was no agreement to avoid litigation, which can create conflict and result in a longer, drawn-out process.
If you have questions regarding which alternative divorce option to pursue, reach out to a skilled attorney at Cohen & Patel to discuss your situation today.
