Divorce is commonly perceived as an adversarial process between spouses. However, a growing number of couples are finding that dissolving their marriage doesn’t have to involve lengthy and expensive courtroom battles. For couples who can cooperate, New York courts recognize and even encourage alternative dispute resolution (ADR) methods. Please continue reading as we explore the differences between mediation and a collaborative divorce, as well as the importance of connecting with an experienced Suffolk County Alternative Dispute Resolution Attorney to discuss your legal matter.
What is a Collaborative Divorce?
Collaborative divorce offers a client-focused approach in which each spouse is represented by a family law attorney specially trained in the process. The spouses and their respective attorneys endeavor to achieve a resolution of the divorce issues through structured conferences. The primary objective is to resolve disagreements concerning custody arrangements, the division of assets, child support, alimony, and other outstanding issues without recourse to litigation.
To facilitate an agreement, collaborative divorce attorneys might engage other qualified third-party professionals, such as financial advisors, appraisers, and child therapists. Once an agreement is reached, the attorneys will draft a legally binding document formalizing the agreed-upon terms for both spouses.
What is Mediation?
Mediation, on the other hand, involves a neutral, third-party mediator who facilitates discussions between the spouses. The mediator offers alternative options, helping spouses reach an agreement on all divorce-related issues. The goal is to settle terms outside of court, avoiding a judge’s ruling on the separation. While some or all issues may be resolved through mediation, any agreed-upon terms are formalized in a legal document.
How Do These ADR Methods Differ?
As you can see, both mediation and collaborative law prioritize an amicable resolution between parties. While sharing this common goal, each process has distinct characteristics that may influence your choice.
The main differences between mediation and collaborative divorce hinge on the structure and level of involvement of legal counsel. In mediation, an impartial third party facilitates negotiations to help spouses reach a settlement. Conversely, collaborative divorce involves each spouse retaining their own attorney, who then work together with the couple to achieve an agreement.
Mediation offers greater scheduling flexibility and is typically quicker and more cost-effective than collaborative divorce, as it may necessitate fewer professionals and meetings. Collaborative divorce, owing to the engagement of multiple professionals and its structured methodology, generally incurs higher costs.
At the Law Offices of Susan A. Kassel, P.C., we are committed to providing our clients with access to optimal legal solutions concerning divorce. We acknowledge the substantial advantages of ADR and have guided numerous clients through these processes to secure favorable resolutions. Please contact our firm today so we can help you determine the best ADR method given the unique circumstances of your case.
