Mediation Vs. Collaboration: Factors to Consider in Choosing the Right Approach for You

If you are thinking about getting a divorce, you may feel lost and confused about what options you have. While you most likely have heard about the traditional path to divorce, it is important that you are also informed about the non-traditional or alternative paths that are available. Two of the most popular alternatives to a traditional divorce are collaborative divorce and mediation.

Both of these pathways to divorce involve less stress and conflict but require more communication and negotiation between spouses, which ultimately gives divorcing couples the opportunity to develop resolutions and agreements outside of the courtroom. However, that does not mean that these alternative methods of divorce are the same. Here is some information about each of these pathways to divorce.

What is divorce mediation?

Divorce mediation involves a neutral third party, which is known as a mediator. This mediator helps the divorcing spouses navigate the divorce process and make important decisions regarding their properties, assets, child custody, child support, spousal support, and more. However, in divorce mediation, the mediator must remain neutral and completely unbiased throughout the entire process. They cannot give any type of legal advice or try to persuade the couple in any way. Instead, the mediator simply helps the couple communicate, determine their needs and wishes, and find common ground when it comes to making reasonable resolutions.

What is collaborative divorce?

A collaborative divorce is a process in which both spouses have a lawyer in their corner, helping them make decisions and come to an agreement about their properties, assets, child custody, child support, spousal support, and more. The collaborative divorce process is usually not completed in one session. Instead, it typically involves several different sessions among the spouses and their lawyers.

In these sessions, the lawyers will likely go over and present the expectations of their clients, inform them of their rights, make sure that their interests are protected, and help them develop fair resolutions. If there are any disagreements or disputes, the divorce lawyers will try to help the spouses resolve them to avoid going to court.

During the collaborative divorce process, other professionals may also assist the couple, such as accountants, financial specialists, mental health experts, and more. Each session usually involves both spouses and their individual lawyers, along with any other recommended professionals. However, the spouses may also have separate meetings with their lawyers to discuss questions and concerns.

What are the factors to consider when choosing between mediation and collaborative divorce?

When deciding whether to choose between mediation and collaborative divorce in Maryland, there are a few factors that you should strongly think about and consider, including the following.

Mediation factors:

• A neutral individual called a mediator will be working with you and your spouse.
• The mediator cannot influence you or persuade you on your decision. They are solely there to help you communicate and come to an agreement with your spouse.
• Divorce mediation is typically an informal, flexible process.
• Divorce mediation is usually a much quicker and less expensive option when compared to traditional divorce.
• You are not required to hire a lawyer for divorce mediation. However, hiring one is recommended.

Collaborative divorce factors:

• Each spouse must hire an attorney who has experience and is trained in collaborative divorce.
• Both spouses and their attorneys are required to sign an agreement stating that they will not be taking the case to court. This is called a “no court” agreement. However, if the spouses are unable to resolve their issues, negotiate, and make fair and reasonable agreements, the case could go to court, which requires the attorneys to completely withdraw from the case.
• Both spouses and their individual attorneys attend several meetings or sessions to discuss, negotiate, and make agreements. These meetings are called “four-way” meetings.
• It is common for other professionals to become involved in a collaborative divorce. These professionals step in and provide specific knowledge to help the couple make important decisions.
• Collaborative divorces are usually informal and flexible.
• The collaborative divorce process is known to be a lot faster and more affordable than a traditional divorce. However, keep in mind that a collaborative divorce is usually more expensive and takes longer than divorce mediation.

Are there significant differences between mediation and collaborative divorce?

There are several significant differences between mediation and collaborative divorce. Here are a few of the most important differences you should know:

• Decision-making: When choosing between divorce mediation and collaborative divorce, it is critical to think about how much control you will have over the outcome of your divorce. In mediation, the mediator will encourage you and your spouse to make decisions. They will guide you through the process, but overall, you and your spouse will make your own decisions. In a collaborative divorce, you and your spouse will both have divorce lawyers who will represent you and stand up for your best interests.
• Time: Even though mediation and collaborative divorce are both known to be quicker divorce methods than traditional divorce, collaborative divorce may take longer than mediation. For example, most divorce mediations conclude within a few months, while a collaborative divorce can take up to one year. This is most likely because collaborative divorce usually involves several different meetings that are scheduled and spread out over time.
• Money: Collaborative divorce is more expensive than mediation. This is usually because it takes longer and involves several professionals who are there to help you and your spouse make sound decisions for your future. If you choose collaborative divorce, you may spend more than you would if you chose mediation.
• Privacy: In mediation, the mediator will meet with you and your spouse in a private setting, which gives them a chance to learn about both of your wants and needs for the divorce. The mediator will go back and forth between you and your spouse until an agreement is reached. On the other hand, in a collaborative divorce, you, your attorney, your spouse, and their attorney are all in the same room negotiating and making decisions about the divorce. This means that you will be face-to-face with your spouse and their attorney when speaking and negotiating about various aspects related to the divorce (child support, child custody, alimony, asset division, etc.).

Do I need to hire a Bethesda divorce lawyer for mediation or collaborative divorce?

It is strongly recommended that you hire a Bethesda divorce lawyer for either mediation or collaborative divorce. While you are not required to have a lawyer for mediation, it is important to realize that the mediator is not considered a lawyer. They will not be able to represent you, help you make wise decisions, or even protect your rights and best interests. By taking the time to hire a lawyer, you will have a legal professional by your side, guiding you through the process and ensuring that you are treated fairly when it comes to the outcome of your case.

If you decide you want to pursue a collaborative divorce, you and your spouse must both have collaborative divorce lawyers. This is a requirement in order to move forward with the process. These legal professionals will be at every collaborative divorce meeting with you, helping you and your spouse communicate, cooperate, and make very important decisions that could play a major role in the outcome of your case and your life going forward.

At McCabe Russell, PA, we have many years of experience helping those pursuing divorce or other family law matters. If you are interested in knowing more about mediation or collaborative divorce or have any other questions or concerns, please do not hesitate to contact our Bethesda divorce attorneys. Our goal is to protect your rights and best interests as well as to help you explore options that may suit you and your family’s situation and circumstances. Call our office or submit our contact form to schedule a consultation in Bethesda, Columbia, Fulton, or Rockville today.