How is divorce mediation different from collaborative divorce? This is one of the most commonly asked questions in recent times coming from people trying to decide which method to choose. A larger proportion of people who tend to ask this question are spouses trying to end their domestic partnerships. Mediation and collaborative practice are vast areas of conflict resolution that involve domestic as well as commercial areas of practice such as estate, probate, etc. Yet in this article we are going to talk about it in the context of domestic relations, more specifically, divorce.
Mediation
Orange County divorce mediation is a process where the decision of the mediation is taken by the spouses themselves based on their understanding, view points, and choices. The couples tend to consider the situation at hand, and the perspective of each other in deciding such matters through divorce mediation. Is Collaborative practice the same?
Generally in divorce mediation, the process is carried out in the presence of three people in a room. The three people are the divorce mediator and the two spouses. The procedure is done between the two spouses with the mediator simply there to make sure the process is carried along in the correct direction. Divorce mediation is particularly helpful for people who are clear about their situation, their demands, and the concessions that they are ready to make. The people that take part in divorce mediation are often people who need little or no assistance from elsewhere to reach a sensible conclusion.
Mediation allows the spouses/parties a better chance to influence the resolution and the outcome. The most important person in the mediation after the two parties is the divorce mediator. The sole role of the mediator as mentioned above is to lubricate the process and to try and keep it heading into the correct direction. The role of the mediator is to manage and control the flow of the communication and discussions between the two spouses and to give them a little nudge here and there to keep them going in the right direction.
Collaborative Divorce
Collaborative divorce, similar to mediation, is a voluntary process, but the primary difference is the presence of lawyers in the process and the limitation on the lawyers of not being involved in the litigation of the claim. In collaborative divorce, the lawyers are not in aid of one party, but look to understand the general perspectives of both the parties involved. Unlike mediation, collaboration is controlled by a collaborative team that contains psychological and financial experts as well as lawyers.
People who seek more support in presenting their case in terms of their Orange County divorce choose this process over litigation and divorce mediation. The collaborative team has a greater influence on the final result as compared to divorce mediators. However, the cost of collaborative divorce can be significantly more than divorce mediation because the collaborative team each have their own fees to be paid versus one mediator.
Gerald A. Maggio is an experienced Orange County divorce lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.
