Wednesday, 22 August 2012

Is a Collaborative Divorce and mediation the same thing?

The short answer is no. While there may be some crossover between the two processes, and some of the professionals that work in collaborative divorces have some training with mediation, there are fundamental differences between the dynamics of the two. In mediation, there is a neutral mediator that is not a representative of either of the parties in the dispute, and will not normally advise the parties legally (although they may encourage them to get legal help independently). A collaborative divorce, on the other hand, will involve the spouses meeting a number of times with a group that may include their lawyers and other professionals that are considered members of the ‘team.’ The objective being to reach a written agreement covering all areas of dispute that will be both deemed in the best interest of all parties involved and accepted by everyone.

No comments:

Post a comment