How is Collaborative Divorce Different from Mediation?

ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce, Family Law, Mediation

If you are considering filing for divorce, consider completing the divorce process through alternative dispute resolution (ADR).  There are multiple types of ADR, each of which has unique requirements for the parties involved in the dispute.  What unites them is their common purpose: to allow individuals to avoid the stress and high cost of resolving their legal issues in the courtroom.

Generally, two types of ADR are available to divorcing couples: mediation and collaborative divorce. When a couple divorces through mediation, they work with a neutral third party, known as a mediator, to work through each element of their divorce to determine a fair settlement.  In this setting, the mediator guides the discussion to help the couple reach satisfying conclusions.   With collaborative divorce, there is no mediator.  Instead, the couple, their respective lawyers, a financial professional and neutral health professional work collaboratively to reach a fair settlement, with the couple driving the conversation.  With both types of ADR, it is recommended that each partner retain his or her own lawyer.

ADR works best if you and your spouse are able to trust each other and communicate openly to reach a fair divorce settlement.  If there are issues present in your marriage such as manipulation, lying, a history of domestic violence or simply an inability for you and your partner to be amicable with each other and work together, ADR requires additional safeguards but may still succeed.

Goodblatt & Leo
+ posts

Our attorneys, Amy E. Goodblatt and Tatiana Leo, have more than 55 years of combined legal experience. They are directly involved in each case and stay focused on the issues that matter most to you.

Similar Posts

  • Social Media: What Every Client Should Know During a Divorce

    ByGoodblatt • Leo Hours Categories Divorce, Family Law

    Research suggests that Facebook is mentioned in nearly 90% of all divorces. Some sources suggest the number is closer to a third or 40%. Either way, the fact is that Facebook and other social media sites are quickly becoming a centerpiece in divorces and child custody or support cases. In an increasingly online society, much of our social reality is dictated by and displayed on the Internet. It only makes sense that people often display their dirty laundry with little thought, even when going through legal battles. Nevertheless, here are a few tips for those going through a divorce. Who knows your password? Many spouses may know each other’s login credentials for banking, credit card accounts, email accounts, and even social media sites. Likewise, some…

  • Wage Garnishment and Income Withholding For Child Support

    ByGoodblatt • Leo Hours Categories Child Support, Divorce, Family Law

    Child support is required in nearly every Florida divorce or paternity case involving children; it takes precedence over all other debts. However, sometimes either a parent will simply not be able to pay, or will refuse to pay, and as result, the recipient parent may have to seek assistance to collect what is due to them. Wage garnishment is perhaps the most common tool used to collect arrearages in support. Orders of Support Are Binding On Employers When a Child Support Order is issued, the employer of the payor parent must abide by that Order, or it will face severe penalties. There are deadlines for employers to withhold the required amounts from an employee’s paycheck and send them to the recipient parent or the Florida…

  • Can I Legally Read my Spouse’s Email During the Divorce Process?

    ByGoodblatt • Leo Hours Categories Divorce

    No. This is an invasion of privacy. In fact, you cannot read your spouse’s emails, text messages, or other correspondences without his or her consent at any time. If a correspondence is protected by a password or it is conducted using a device owned by an individual’s employer, you cannot search through it without your spouse’s consent. Even when a device like a cell phone or a laptop is shared property or uses a shared data plan, accessing your spouse’s private accounts may be deemed to be an invasion of his or her privacy. When you are going through a divorce, you might feel tempted to search through your spouse’s accounts. This could be to find evidence to show the court that he or she…

  • Collaborative “Divorce” for Unmarried Couples

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce, Family Law

    In decades past, most couples’ relationships followed a similar progression pattern: start dating, get engaged, get married, buy a home, then have children. Today, although many couples continue to follow this pattern, it is not unusual to see unmarried couples purchase homes and have children together. Sometimes, these couples marry later and in other cases, they never marry. For many years, same sex couples could not marry, which left them without many of the legal protections enjoyed by heterosexual couples. If you are not married, you cannot get divorced. The divorce process provides couples with a set of legal guidelines for determining how their assets will be divided. Some decisions are out of the couple’s hands, such as their timesharing agreement for their children. But…

  • The Collaborative Process Controls the Costs of Divorce

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce

    Divorce brings up a lot of emotional and financial concerns as each spouse figures out how to move on from the marriage. Finances are a particular worry for many couples because, coupled with the necessary adjustments caused by losing income, there is the additional issue of how to pay for the cost of the divorce process itself. This concern can push some spouses to consider handling their own divorce case, but this choice could easily lead to years of post-divorce litigation, as one party learns over time the final settlement was unfair or inadequate under the circumstances. Traditional litigation is the option most people associate with divorce, and this route can lead to high legal bills depending upon the number of contested issues in a…

  • How Do I Prepare for Mediation in My Divorce?

    ByGoodblatt • Leo Hours Categories Divorce, Mediation

    Most counties in Florida require divorce cases to go to mediation before the matter is tried.  The hope is that all, or at least some, of the issues will be resolved at mediation without Court intervention. So, how do I prepare for mediation? Work with your attorney to prepare for mediation. Schedule a time to meet with your attorney to discuss what you can expect at mediation.  Prepare a game plan, i.e. give thought to what issues you are willing to compromise on and what issues are non-negotiable.  Because you will be negotiating a settlement, try to keep the list of issues that are non-negotiable to a minimum.  Don’t stand firm on an issue just to oppose your spouse.  For example, both you and your…