What is the difference between a collaborative divorce and a mediated divorce?
A collaborative divorce and a mediated divorce are both alternatives to a traditional litigated divorce, meaning that the parties do not go to court and have a judge decide issues related to the divorce. However, they are different from one another. Collaborative divorce is a process that involves both parties and their attorneys working together to reach a resolution. It is typically less expensive and time consuming than litigation, and focuses on finding a solution that works best for both parties. Both parties must agree beforehand to work together cooperatively, be willing to negotiate in good faith, and both parties must agree to not take the dispute to court. Mediated divorce is a process where a third-party mediator facilitates the conversation and negotiations between the parties. The mediator does not decide the issues but facilitates communication and offers options that can be used to reach an agreement. The mediator is neutral and does not take sides. The parties must agree to follow the decisions reached in the mediation process and then these decisions are made legally binding in the divorce judgement. In Alaska, the collaborative divorce process is the most common as it offers couples the opportunity to reach an agreement without the involvement of a judge or a court. Both processes offer couples the ability to work together and come to an agreement without the need to go to court.
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