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The differences between collaborative and mediated divorce

On Behalf of | Nov 23, 2021 | Collaborative Divorce

Couples seeking a divorce in the 21st century have more options than were available in past eras. Alternative dispute resolution has become a popular method of ending a marriage and solving conflicts that can delay divorces.

When considering alternative dispute resolution for your divorce, you generally have two options: collaborative law and mediation. Both methods can keep you and your private business out of court — a benefit that many have come to appreciate.

Unfortunately, most people believe a collaborative divorce and mediation are the same, but there are differences between the two. It is vital to understand these differences before you select your method of divorce.

What is a collaborative divorce?

The two spouses and their attorneys meet in an informal setting to negotiate and ultimately resolve their divorce disputes. You can address property division, child support and child custody through collaborative divorce. During this process, spouses and their representatives participate in discussions aimed at reaching a mutually satisfactory solution.

What is a mediated divorce?

Mediation works like collaborative law in that discussions between spouses occur in an informal setting. Mediation allows you to address the same issues that you would through a collaborative divorce. The main way mediation differs from collaborative divorce is that an impartial third party oversees the proceedings. Another difference is that you are not required to have legal representation.

Which one is right for you?

We suggest that you learn more about Tennessee divorce laws and alternative dispute resolution before selecting a method of divorce. Understanding how these processes apply to your unique situation can help ensure that you find the most appropriate way to end your marriage.