What is the difference between a collaborative divorce and a mediated divorce?
Collaborative divorce and mediated divorce are two separate approaches to ending a marriage without going to court. Both involve engaging in a process outside of the court system to reach an agreement that both parties can agree to. A collaborative divorce involves both parties having their own attorneys who will help guide and represent their interests. This allows both spouses to have their needs and interests represented in the negotiation process. The attorneys will coordinate the negotiations between the two parties and any other professionals to come to a satisfactory resolution. A mediated divorce typically involves one person, the mediator, facilitating a discussion between both parties in an attempt to achieve an agreement. The mediator is not an attorney, but rather a neutral party who will try to help the couple reach an agreement that is satisfactory to both parties without taking sides or making decisions that would be made by a court. The key difference between collaborative and mediated divorce is that in the collaborative process both parties have their own attorneys to represent their individual interests, while in the mediation process, the neutral mediator will attempt to guide the parties towards a mutually agreed upon resolution. This distinction is important as it ensures that each party can have their individual wishes taken into account during the process.
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