I am often approached by clients seeking to divorce or separate from their partner who desire that their separation be amicable and non-litigious. They do not want a court or judge to interfere with their personal matters and, more importantly, they want their personal information and business to remain confidential. I offer them two out-of-court options: Mediation and Collaborative Process.
The choice between mediation and collaborative divorce depends on the unique circumstances of the couple, their willingness to work together to resolve their issues amicably and their knowledge of their own finances and their partner’s finances.
This chart provides a brief comparison between mediation and the collaborative divorce process. Please note that specific outcomes vary based on individual circumstances.
| Mediation | Collaborative Divorce | |
|---|---|---|
| Definition | Mediation involves a neutral mediator helping the couple negotiate and reach an agreement. | Collaborative divorce involves both parties and their attorneys working together to find a mutually beneficial resolution. |
| Involvement of Attorneys | Attorneys may or may not be present during mediation but are not required. | Both parties are required to have their attorneys present, who are trained in the collaborative process. |
| Control over Outcome | Parties have more control over the outcome and can decide the terms of their divorce. | Parties work together to find solutions but may have more structure and guidance from their attorneys. |
| Cost | Generally less expensive than litigation due to fewer legal fees. | May be more expensive than mediation due to attorney and other professional neutral involvement however less expensive than litigation. |
| Timeframe | Typically quicker than litigation, as parties work at their own pace, however, may take longer if legal advice and guidance is required.. | May take longer, depending on the complexity of issues and the collaborative process. |
| Privacy | Generally private, as mediation discussions are confidential. | Also private, as discussions are confidential, and court involvement is minimal. |
| Court Involvement | Limited court involvement, usually just to finalize the divorce agreement. | Limited court involvement, mainly for finalizing the agreement reached through collaboration. |
| Suitability | Well-suited for couples willing to communicate and compromise. | Suitable for couples who prefer a less adversarial approach and value cooperation. |
Consulting with an attorney experienced in Florida divorce law that is trained in the collaborative process can help you determine the best approach for your specific situation and for personalized advise.
I am a Florida Supreme Court Certified Family Mediator and a Collaboratively trained attorney. Make an appointment for a consultation at (954) 881-8820 or email her at [email protected].