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Blog 2019 May How Does Mediation Differ from Collaborative Divorce?
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How Does Mediation Differ from Collaborative Divorce?

Posted By Law Office of Kathryn Marteeny || 8-May-2019

If you have decided to end your marriage, you and your spouse will have a few options that will help you peacefully unlink your lives through methods that will not cost you nearly as much as divorce litigation would. Two of these options are mediation and collaborative divorce. Although both are based on the power of negotiation, they are not identical. What is the difference and how would you know which is right for you? The best way to know if you are opting for the right approach is to discuss your case with an attorney who is experienced in handling both approaches.

Here is an overview of mediation and collaborative divorce, which can help you better understand their differences:

  • Divorce mediation: The mediation process is a type of alternative dispute resolution that is moderated by a neutral third party, referred to as a mediator. The mediator will essentially help facilitate negotiations between both parties, so they can ultimately achieve a settlement they can agree upon. Although it is not required for either party to have an attorney, they can hire one if they choose to. If you choose to have an attorney assist you throughout the mediation process, he or she can advise you on the fairness of the agreement. The mediator, on the other hand, will not advise either you or your spouse since he or she cannot advocate for one party. If you and your spouse get involved in a heated argument and negotiations get derailed, the mediator will refocus your attention to the task at hand.
  • Collaborative divorce: A collaborative divorce is also a type of alternative dispute resolution. However, unlike mediation, attorneys are not optional for this process. Each spouse must hire their own respective collaborative divorce attorney who is trained in handling such divorces. You will not have a neutral third party to guide negotiations. Instead, your respective attorneys will represent your interests and work toward achieving a favorable outcome. Unlike litigation, which is more adversarial, attorneys trained in collaborative divorce are dedicated to cooperating and negotiating key divorce issues. If unsuccessful, both collaborative divorce attorney will have to excuse themselves from representing their clients.

Both of these methods generally take far less time and cost less than divorce litigation since you will not have to go through the discovery process or subject yourself to the court’s packed schedule. It might not be easy to imagine peaceful negotiations with your spouse, but it is often in the best interests of both parties. Why leave the outcome of your divorce up to a judge when you can work on customizing one together?

Contact an Experienced Family Law Attorney Today!

Whether you opt for a collaborative divorce or mediation, the legal team at the Law Office of Kathryn Marteeny is prepared to assist you. With over three decades of experience on our side, you can be confident in our ability to guide you through either process and ensure you obtain a settlement that addresses your needs and goals.

Call us today at (713) 936-2300 to request a confidential case review!

Categories: Divorce, Family Law, Mediation

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Law Office of Kathryn Marteeny
Law Office of Kathryn Marteeny - Houston Family Law Attorney
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