What is the difference between a collaborative divorce and a mediated divorce?

A collaborative divorce and a mediated divorce are two ways of dissolving a marriage. There are important differences between the two processes. In a collaborative divorce, both parties must agree to use collaborative methods, such as collaborative lawyers, to negotiate the terms of the divorce. This process focuses on negotiating an agreement that meets the needs of both parties. The focus is on problem-solving and balancing the interests of both parties. The lawyers involved in the process must agree to withdraw from the case if the case is unable to be settled collaboratively. In a mediated divorce, a neutral third-party mediator is appointed to the case. The mediator does not represent either party and is trained to help the parties come to a mutually beneficial agreement. The mediator helps facilitate discussions between the two sides and can even present settlement options to help move the process along. Both parties must agree to the terms of the mediator and ultimately, the terms of the divorce. Overall, both processes enable parties to come to an agreement that is in the best interest of both parties and can be crafted to meet the needs of the individuals. That said, the collaborative divorce process often feels more consultative, with both parties negotiating an agreement together with their lawyers. A mediated divorce is more about finding a middle ground between both parties and can often lead to quicker results.

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