There is some confusion about divorce process choices I want to clear up. Divorce mediation and collaborative divorce are the best options to consider for most divorcing couples.
Mediation works great for couples who have an approximately equal balance of power in their relationship, and is the most economical of the divorce process choices. In traditional divorce mediation, each spouse represents himself/herself in their negotiations that are facilitated by one neutral divorce mediator.
Collaborative divorce is a form of mediation. It is geared to more difficult cases where there is an unequal balance of power in the couple’s relationship. Each spouse has his/her own collaboratively trained attorney, who can empower, advise and advocate for his/her client to correct any such power imbalances, and negotiate on an even playing field.
In both mediation and collaborative divorce, it is important that each spouse asserts his/her needs and interests to the maximum extent, in a respectful manner, and discloses relevant financial information in good faith.
Many divorce lawyers do not recommend mediation or collaborative divorce BECAUSE THEY CANNOT MAKE NEARLY AS MUCH MONEY MEDIATING OR COLLABORATING A DIVORCE. The fees for a divorce mediation or a collaborative divorce are typically a small fraction of what they are in a divorce litigation.
Sometimes divorce litigation is necessary. For more information on when divorce litigation is truly the appropriate option, take a look at some of my other blog posts.
When confronted with a divorce, you can save a ton of money and spare yourself and your children the agony of a trial in your divorce case if you and your spouse choose to mediate or collaborate. Think mediation or collaborative first when considering a divorce.
© Arnold D. Cribari, 2015
