Mediation vs. Collaborative Divorce: How Do These Differ?

For many, the idea of going through a bitter and contentious court battle to end your marriage is incredibly overwhelming. However, you may be pleased to learn that this is not your only option. In fact, you’ll find there are several choices you and your spouse may be able to utilize. However, some options, like mediation and collaborative divorce, may seem like the same thing at first glance. As such, if you are going through a divorce, it’s in your best interest to keep reading to learn more about how these differ and how a Morris County divorce & separation law firm can assist so you can make an informed decision.

How Do Mediation and a Collaborative Divorce Differ in NJ?

When you look at mediation and a collaborative divorce on the surface, they may seem like one and the same. This is because both entail you working together with your spouse to determine the outcome of your divorce without having to appear in front of a judge.

However, it’s important to understand that there are quite a few differences between these two. To start, mediation occurs when both parties attend meetings with a neutral third party, who will mediate, or facilitate conversation between these individuals. The mediator is not there to take sides or provide legal advice but to guide the conversation and help the couple compromise.

On the other hand, a collaborative divorce occurs when the couple each retains an attorney who will then work together to negotiate an agreement. Unlike mediation, you and your spouse are not discussing the terms – your attorneys are. Additionally, there is no mediator, but you each have legal representation who will fight for your best interest in these matters.

It’s also important to understand that mediation is typically quicker than divorce as there is less time spent waiting for the other party to respond. As such, mediation can take months, whereas a collaborative divorce may take up to a year to complete

If I’m Preparing for a Divorce, Which Option Should I Choose?

Because these two options can seem similar, you may not know which is right for you. As such, it’s imperative to connect with an experienced attorney who can help provide you with guidance about the best course of action for your unique circumstances. Though you may be able to mediate without an attorney present, if you choose this option, you should still have a lawyer to review your agreement before signing it to ensure it’s in your best interest.

Going through a divorce is a difficult, emotional time. As such, it’s in your best interest to connect with an experienced attorney who can help you with these matters. The team at Haber Silver Russoniello & Dunn is ready to guide you through these times so you can focus on moving forward. Connect with us today to learn more.