Mediation vs. Collaborative Family Law Approach – Which One is Right for You?
Divorcing couples in the Fullerton, Newport Beach and Laguna Beach, CA
areas contemplate between utilizing the
collaborative family law approach or
mediation to promptly resolve their divorce disputes. Though both options allow
couples to decide how to best resolve any pending issues, mediation is
the more reasonable approach to utilize. Read on to learn more.
What is Mediation?
Divorcing couples routinely use mediators to help resolve their disputes
without the court’s oversight. Mediation allows a divorcing couple
to use a neutral party to help bring them together in a controlled environment
while negotiating the terms of their case, which may include child support,
custody and visitation, spousal support, and property division.
The mediator is present to help the couple reach an agreement and does
not make any decisions for the couple. Further the mediator does not provide
legal advice to either party. Mediators do, however, give both parties
identical legal information so that their decisions will be based upon
knowledge of the law.
How Does Mediation Work?
During mediation, both parties negotiate directly with each other regarding
the terms of their divorce. Some parties prefer to have their attorney
present during mediation, but some mediators advise against it.
Prior to attending mediation, each party will call the mediator and provide
background information about the marriage and any pending divorce issues.
Upon attending the first meeting, the mediator will explain what you can
expect throughout the process and what to expect from him/her.
Once an agreement is reached, the mediator, or the party’s attorney,
will draft a full settlement agreement. Upon final execution, the marital
settlement agreement will be attached to the final judgment.
What is Collaborative Family Law?
The collaborative family law approach, often referred to as collaborative
law, allows divorcing couples to come together and discuss, negotiate,
and agree to the terms of their marital dissolution without the court’s
It is a cost effective and time saving approach that allows individuals
to reach an agreement regarding the dissolution of their marriage that
best suits their needs.
Prior to starting the collaborative law process, the parties must sign
a written pledge stating that they will not litigate any marital disputes
in court and act in good faith while exchanging information during the
How Does the Collaborative Family Law Approach Work?