Mediation is very popular in society. When individuals think about settling their divorce outside of court, most resonate with the idea of mediation. While many might not totally understand what it is, most like the idea of mediation.
Many wonder why collaborative divorce and not mediation? In other words, what is wrong with mediation that individuals should think about collaborative divorce?
Nothing is wrong with mediation. Mediation is a good option for some to consider. In mediation, parties sit down with a neutral mediator to try to come to a resolution about their divorce or family law matter. In some cases, the parties come alone (without their attorneys) to meet with a mediator. In other cases, the attorneys might be present with them.
One component that many do not realize is that a mediator cannot make parties settle their divorce or family law matter. All they can do is help to facilitate a discussion to try to get them to a place where they settle.
But in many cases, the details hang up settlement. “The devil is in the details” as the saying goes. Disagreement about any issue in the divorce or family law matter can hang-up settlement. This is what causes many divorce and family law mediations to end without a settlement.
This is where collaborative divorce is another option. Collaborative divorce is in some ways mediation plus. In other words, both lawyers in collaborative divorce are trained mediators. However, the collaborative professionals can help parties work through the details that are causing the parties not to settle. This is why collaborative divorce, in many ways, is mediation with this added benefit.
Put simply, if there is a financial disagreement, the financial neutral can help. If there is custody disagreement, the custody professional can help. If parties do not communicate well regarding settlement, the divorce coach can help.
All of these professionals are available to help the parties work through these details in collaborative divorce. This is where many parties should consider collaborative divorce where both parties want to settle, but the details are the impediment.