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In Massachusetts For Over 30 Years


In Massachusetts For Over 30 Years

How are mediation and collaboration different?

On Behalf of | Jun 9, 2020 | mediation and collaborative law |

There is more than one way to have a divorce. While the most popular version is still a trial divorce, more and more divorcing couples are choosing alternate means of a legal split.

The two most common alternative divorces are “mediated divorce” and “collaborative divorce.” While these varieties of divorce have a lot in common, they are still separate entities. According to Forbes Magazine, the biggest difference between the two is that a mediated divorce may have no lawyers whereas a collaborative divorce involves each party having a lawyer.

What is a mediated divorce?

Some mediated divorces do proceed without a lawyer involved; however, the mediator needs to be very familiar with family law. In the event that a mediated divorce involves a lawyer, the lawyer works together with both parties and does not offer pointed advice to either side. Rather, a mediator simply ensures that the parties come to some sort of agreement.

Mediated divorces are good for couples who either have very few assets or very few complications in their divorce. It is also, typically, the least-expensive variety of divorce. Mediated divorces also require that both parties be on reasonable speaking terms with each other to ensure an agreement.

What is a collaborative divorce?

In a collaborative divorce, both parties agree on divorce terms, similar to a mediated divorce. However, in a collaborative divorce both parties have their own lawyer to advise them. Collaborative divorces are good for couples that are willing to negotiate their divorce terms but may have higher level assets to divide or want the backing of lawyers when discussing potentially-touchy issues like alimony or child support.