Understanding the Essential Differences Between Mediation and Collaborative Law

 Posted on April 07, 2023 in Collaborative Law

In case you are unaware, two distinct options exist for those going through a divorce who wish to avoid traditional litigation. These two options are collaborative law and mediation. Each has its unique features and benefits. However, they are often misunderstood and thought to be the same thing. Today, we will discuss the essential differences between collaborative law and mediation to give you a better idea of what each process is like and when such processes may benefit a couple getting divorced.

If you are interested in pursuing collaborative law or mediation, consult an experienced attorney who can help you start the process while ensuring your rights are safeguarded.

Mediation

Mediation is a form of dispute resolution in which a neutral third party, referred to as the mediator, helps parties in a dispute reach a mutually acceptable agreement. The mediator does not make decisions or impose solutions but facilitates communication and negotiation between the parties. Mediation is often less formal and less expensive than traditional litigation, allowing parties more control over the outcome of their dispute. Mediation can resolve various disputes, including family law matters, employment disputes, and business disputes.

Collaborative Law

Collaborative law is another form of alternative dispute resolution that involves lawyers trained in collaborative law, and may also include mental health professionals, divorce coaches, and even financial advisors who work together to reach a mutually acceptable agreement. Unlike mediation, collaborative law is a more structured process that involves a series of meetings and negotiations.

In collaborative law, the parties and their attorneys sign a participation agreement stipulating that they will not go to court but will work together to resolve their dispute. If the parties cannot reach an agreement, they must retain new attorneys and start the litigation process from scratch.

Collaborative law is frequently used in family law, such as divorce and child custody disputes, but it can also be used in other types of disputes.

Contact a DuPage County Collaborative Law Attorney

Ultimately, mediation and collaborative law can be effective alternatives to traditional litigation that offer parties more control over the outcome of their dispute. However, the choice between mediation and collaborative law depends on the specific circumstances of the dispute, including the level of formality and structure desired and the role of the neutral third party. Therefore, it is essential to consult with an experienced attorney to determine which option is best for you. Contact the experienced Wheaton, IL mediation lawyers with Andrew Cores Family Law Group. Call 630-871-1002 for a free consultation.

Source - https://www.marriage.com/advice/divorce/collaborative-divorce-vs-mediation/