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Mediation and collaborative divorce

On Behalf of | May 12, 2021 | Divorce

New York spouses who are beginning to end their marriage will have several options when it comes to the process. While some couples will go the traditional divorce route, which can be long and costly, other couples might opt for a non-traditional divorce that uses mediation or collaboration to reach an agreement.

Divorce mediation and collaborative divorces are not the same thing

While both types of divorce use negotiation for spouses to come to an agreement, the two processes, while similar, do have some important differences. In divorce mediation, the spouses hire a licensed divorce mediator, who then meets with both parties to hear their side and to facilitate the negotiations and communication between them. During the process, the couple negotiates issues related to child custody, support, division of assets and other things related to the divorce. If the couple does not come to an agreement on all issues, those remaining issues can still be resolved in court.

In a collaborative divorce, the spouses each hire a collaborative divorce lawyer to represent them and work together to reach an agreement on the many issues related to divorce. They might also use other experts during the divorce process. They also work with a third party who is neutral as a mediator. As part of the process, they create an agreement outlining all the aspects of the divorce which both spouses must sign. If the collaborative divorce process fails, then the couple goes through family court to continue the proceedings.

Benefits of both process

Both processes provide a variety of benefits for divorcing couples. These include:

  • The certainty of privacy and confidentiality
  • A less expensive divorce process
  • A faster divorce process
  • A less contentious process

The issues that lead to divorce for each family are different. You should carefully consider what is best for your family before making the decision of what process to choose.