May 20, 2024

Everything You Need to Know About Collaborative Divorce | ESME

It is not possible to declare any one of collaboration and mediation as best or worse in all divorce cases. The decision for the best approach is greatly affected by circumstances, availability of attorneys, and individual preferences. 

The main reason to prefer mediation is that this approach is flexible, informal, inexpensive, efficient, doesn’t require the hiring of an advisor or lawyer, the mediator doesn’t have the power to make decisions about the case and the neural person will also assist both parties to negotiate. On the other side, the key features of collaborative divorce are that spouses, in this case, are represented by experienced collaborative attorneys, involved parties sign a no-court agreement and they follow four-way meetings with the help of collaborative professionals. This method is believed to be more efficient and inexpensive as compared to litigation. For those in Colorado it is worth checking out collaborative divorce mediation in Denver for more detailed information.

However, before making a final decision about opting for any one of these methods, you should go through their individual pros and cons:

Pros of collaboration


  • Need for separate legal representation


In case if you are looking for some assistance from an expert to proceed ahead, collaborative divorce may sound a good option. These professionals can handle all complicated legal and financial issues that you don’t find confident to deal with. 


  • Better conversations between both parties


With so many ups and downs in your relationship, it may be difficult to carry on a conversation on such a difficult subject of divorce now. But the collaborative attorney can ease the process and give you more confidence to express your opinions and thoughts. They may also advise you to maintain respectful silence when needed. 

Cons of collaboration


  • Chances of delays and increased expenses


The main downside of collaborative divorce is that if your current lawyer withdraws the case, you may need to start again with a new lawyer, which directly leads to delays and more expenses. 

Pros of mediation


  • Flexibility and control on the process


Mediation is believed to be a more flexible approach as compared to collaboration. There are only three parties involved in the case: you, your spouse, and the mediator. Therefore, it gets easier to control the situations while avoiding misunderstandings. 


  • Efficiency and cost-saving


Another important benefit of mediation is that it offers a cost-effective and time-saving solution to couples that are interested in separate. As there is no need to hire multiple professionals, the process becomes more efficient as well. 


  • Enhanced confidentiality


As there are a lesser number of people involved in the process, the matter stays confidential. Moreover, you can ignore four-way meetings that are more common in the case of collaboration. Both parties can also sign a confidentiality agreement to deal with the consequences. 

Cons of mediation


  • You may have to start over


In case if you fail to reach a settlement via mediation, it is important to start from the beginning with the attorneys. In this case, all the money and time spent on mediation will be lost. 

Considering all these aspects, experts recommend following the collaborative divorce mediation process which includes the pros of both these methods while eliminating disadvantages. Moreover, this technique also increases the chances of mutually acceptable agreements. For those in California, it is worth checking out collaborative divorce mediation claremont, ca for more detailed information.