Mediation vs. Collaborative Divorce

Mediation

  • Mediators cannot give legal or financial advice.
  • Mediators often are not a financial specialist and may not know how to best allocate and manage your financial resources
  • Mediators typically do not have expertise in child development or about the effects of divorce on children. Knowledge in these areas is crucial in developing an effective co-parenting plan that maximizes the well-being of the children
  • Mediators are usually not experts in utilizing effective communication techniques and/or ways to effectively manage strong emotions that could delay or sabotage agreements
  • There is no comprehensive team approach (which can be very helpful in settling disagreements)
  • Generally, lawyer advocates are not present. This could lead to an agreement that is harmful to you and may be irrevocable. In circumstances where they are present, lawyer advocates are often not adequately trained in non-adversarial client representation. This can result in a process that may hinder, rather than promote, agreement.
  • There is often no one to advocate for the children or their needs
  • A power imbalance can easily occur within mediation. Without advocates it is easier for the more dominant spouse to control the result of the mediation.
  • Mediation generally does not include coaches who assist you in managing the strong emotions that will inevitably arise.

Collaboration

  • All Collaborative Professionals are trained mediators
  • Collaboration is more expensive than mediation but it provides legal experts, financial specialists, divorce coach(es) and/or child specialists who advocate for your interests
  • Collaborative Divorce utilizes financial experts many of whom are CDFA’s (Certified Divorce Financial Analysts)
  • Only Collaborative Divorce involves Child Specialists who advocate for the children, give them a voice in the process and understand child development thereby minimizing trauma to the children
  • A Collaborative Team approach emphasizes solutions that meet the needs of both spouses and their children. These solutions tend to be more satisfying and, as a result, more durable.

More information about mediation vs collaborative divorce can be found here.