Difference between Mediation and Collaborative Divorce

When considering alternatives to a traditional divorce, a San Francisco attorney with mediation experience can properly advise you on the many alternative legal options you may have when considering divorce. Alternatives such as mediation and collaborative divorce can be beneficial in certain situations.

In the state of California, a couple must file for a dissolution of marriage or a dissolution of partnership if they are seeking a divorce. In a traditional divorce case, a client hires an attorney to represent their interests in court on points such as property distribution, parenting responsibilities, division of property, and spousal support.

While the traditional divorce process meets the needs of some clients, other approaches to divorce—such as mediation and collaborative divorce—are appealing to other couples because the approaches of mediation and collaborative divorce tend to save time, money, and conflict.

Other options besides traditional divorce

The difference between mediation and collaborative divorce tends to revolve around the role of the attorney. In mediation cases, you and your spouse can be your own advocates. Your attorneys may be present, but need not be at the mediation sessions. The mediator's role is to ensure fairness and facilitate discussion between the two parties in a safe environment. A skilled San Francisco divorce mediator can help you through the divorce process so your marriage ends without leaving behind a lasting bitterness between you and your former partner.

With a collaborative divorce, both spouses hire attorneys to advocate for them similar to representation in a family matter. However, the attorneys and clients agree that if the attorneys are not able to negotiate the case to settlement—and if there is a need for the matter to proceed to court hearings—these attorneys will no longer represent the parties and the parties will retain litigation attorneys for any court appearances.

Collaborative divorce is a good option for those who are not comfortable speaking with their spouse in a mediation session or advocating for themselves and wish to have their attorneys negotiate to settlement.

When mediation is your preferred divorce method

Both mediation and collaborative divorces are alternatives to the traditional divorce process worth exploring when contemplating a divorce. When looking for a San Francisco divorce attorney or mediator, consider the services of McDonald & Mannion.We  can help you decide on your best option depending on the details of your individual circumstances. Contact us today for a review of your case.