What is the difference between a collaborative divorce and a mediated divorce?
The difference between a collaborative divorce and a mediated divorce lies in the approach to resolving issues surrounding the divorce. A collaborative divorce is a process in which lawyers on both sides work together to reach a resolution that is mutually beneficial to both spouses. This approach is focused on communication, collaboration, and negotiation. The lawyers work together to create a plan that outlines the expectations for what each spouse will receive and how the assets and debts will be divided. A mediated divorce is a process in which a neutral third-party mediator assists both sides in coming to an agreement. The mediator does not make decisions or judgments but rather helps the spouses consider and explore options for a settlement and reach an agreement. The mediator often helps to reduce the tension between the parties and can provide objective information to the parties. In North Carolina, both a collaborative divorce and a mediated divorce are allowed, however, it is important to note that either process could be used to resolve any issues arising from the divorce, including division of assets and debts, child custody, and alimony. Ultimately, it is up to the spouses to decide which approach is most suitable for them and to determine which process would best suit their needs.
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