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

A collaborative divorce and a mediated divorce are two different ways of settling disputes in a divorce. In Mississippi, both are constrained by the same state statutes, but the process and outcome of each are quite different. A collaborative divorce is a process where both spouses, their lawyers, and other professionals work together to come to an agreement on all issues without involving a court. The negotiations are done with the aim of finding a mutually beneficial outcome, allowing spouses to avoid an actual court battle. This approach emphasizes communication and cooperation between spouses and seeks to preserve an amicable relationship going forward. A mediated divorce, on the other hand, is a process where a neutral mediator acts as a facilitator to help both spouses reach an agreement. The mediator is an unbiased third-party who helps the spouses come to a resolution without the need for a court battle. This process also emphasizes communication and compromise between the spouses, but the outcome is ultimately left to the discretion of a judge, rather than being a mutually beneficial agreement. In the end, the main difference between a collaborative divorce and a mediated divorce is who has the final say on the outcome of the case. In a collaborative divorce, both spouses have a say in the outcome, while in a mediated divorce it is ultimately up to a judge.

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