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

The primary difference between a collaborative divorce and a mediated divorce in South Carolina is that the collaborative process requires both spouses to have their own lawyer, whereas in a mediated divorce, the parties work with a third party mediator who helps them resolve their issues. The goal of both processes is to reach a settlement agreement without the need for court proceedings. In a collaborative divorce, the parties are encouraged to negotiate in a non-adversarial environment, and the lawyers are required to continue representing the parties even if no agreement is reached. This means that all parties remain bound by confidentiality agreements and must adhere to all of the other ground rules that have been established. Additionally, the lawyers are expected to act as facilitators in the negotiation process and provide legal advice that will help the parties reach a mutually beneficial agreement. In a mediated divorce, the mediator is a neutral third-party who is impartial and does not give legal advice to either party. The mediator’s job is to help the parties negotiate and mediate the issues between them. The goal of a mediated divorce is to help the parties come to an agreement that is suitable and agreeable to both parties without the need to go to court. In some cases, the mediator will make recommendations that must be agreed upon by both parties. Collaborative and mediated divorces can both be beneficial to the divorcing couples as they allow them to resolve their issues without the need for a court battle. Ultimately, the divorce process that is used should depend on the circumstances and preferences of the divorcing couple.

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

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