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

A collaborative divorce is a form of dispute resolution in which both parties to the divorce hire lawyers to represent them and seek a mutually agreeable out-of-court settlement. This eliminates the need for a lengthy and costly court battle. This form of dispute resolution is typically less expensive and much less stressful than a normal divorce. In contrast, a mediated divorce is a form of dispute resolution in which both parties to the divorce choose a mediator to help them reach a mutually agreeable settlement. The mediator is a neutral party who facilitates communication between both parties and helps them come to an understanding. Mediation is usually less expensive than a typical divorce, but it does require that both parties be willing to compromise. In New York, the collaborative divorce process is governed by a set of strict laws. Both parties must sign an agreement that outlines the terms of the divorce, and the lawyers representing both parties must adhere to the rules of collaborative practice. This agreement also requires that the parties communicate through their lawyers and that both parties make a good faith effort to resolve any issues. In order to ensure that the divorce is fair and efficient, both parties must be willing to cooperate and compromise. If either party is unwilling to do so, the collaborative divorce process may not be a good option. The same is true of mediated divorces; if both parties are not willing to cooperate, a mediated divorce may not be successful.

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

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