As you navigate the challenging terrain of divorce, finding the right approach tailored to your unique circumstances is crucial. Collaborative divorce and mediation both offer peaceful alternatives, but their suitability varies.
In mediation, a neutral third party assists you and your spouse in discussing and resolving issues. This process can involve additional experts like communication coaches, financial advisors, or accountants when necessary.
This method thrives when you and your spouse communicate effectively, requiring minimal structural assistance.
It’s particularly effective for uncomplicated divorces without intricate elements like co-owned businesses or children with special needs.
Collaborative divorce assembles a support team for your separation. Each spouse has an attorney, financial expert, divorce coach, and child specialist to guide them at every juncture.
This model is best used when divorce entails complexities such as jointly owned businesses or unique child custody needs. If communication has broken down or trust is shaky, this process works best by opening the path to innovative solutions and amicable settlements.
Empowering the Less Vocal Partner
In court-litigated divorces, a spouse who isn’t comfortable communicating or tends to withdraw may be sidelined. This can increase conflict and lead to a “winner or loser” outcome. Collaborative divorce empowers both partners, ensuring every voice is heard.
In collaborative divorces, you actively discuss, pose questions, and influence the outcomes. In contrast, court litigation relinquishes this power to a judge, often resulting in less creative and more punitive resolutions.
I embarked on my journey with collaborative practice, having undergone mediation training in 2016 and collaborative training in 2017. Over recent years, my focus has shifted from litigation to mediation and collaborative practices, which center on clients’ well-being, peace, and autonomy.
Collaborative divorce presents a unique and fair approach to addressing intricate scenarios.
For instance, when one spouse grapples with a mental illness, collaborative practice provides the necessary resources and adapts the case’s pace to ensure both parties’ comfort.
In a team-supported environment encompassing divorce coaches, attorneys well-versed in the collaborative process, and financial neutrals, collaborative divorce delivers more robust client and family support than litigation, where such support is often absent.