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Litigation Blog.
The seasoned lawyers and litigators at The Rubinstein Law Firm are here to share their insights with you.

What sets apart mediation and collaborative divorce?

As a divorcing couple, you want to look into every available option for the split. After all, you can avoid a lot of headaches, lost time and financial troubles if you go about the divorce process itself in the right way.

Mediation and collaborative divorce offer two strong alternatives to litigation, which many view as a time and money sink. But what are the differences between the two?

Working through a collaborative divorce

Forbes discusses ways to handle divorce that do not involve a courtroom. They discuss both mediation and collaborative divorce, which make up two of the most popular alternative ways of handling a split.

With collaborative divorce, you and your partner both bring your own attorneys to divorce discussions. You hold every meeting with all four parties. The attorneys can help you work through the legal aspects of the divorce. They may also suggest hiring a mediator depending on how discussions go.

The benefits of mediation

Mediation, on the other hand, does not involve legal professionals. In this type of divorce, a mediator will help facilitate discussions with the goal of aiding you and your partner in reaching a final decision on your own.

They do not have the legal power of a judge or an arbitrator, so they cannot make a legally binding decision on your behalf. They can, however, cut down on arguments, ensure everyone has their fair time to speak and provide opinions from a unique viewpoint.

Both of these methods have both positive points and potential drawbacks. It is important to consider all options carefully before making a final choice.