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Collaborative Practice

 

What is the difference between Collaborative divorce and mediation?

In Collaborative Divorce, divorcing spouses are each represented by their own specially trained lawyers. The lawyers, neutral experts (financial, child specialist or other) and the divorcing couple form a team to reach a settlement out of court. If no settlement is reached, the professional members of the team are contractually bound to withdraw from the case, thus a strong incentive is created for reaching a settlement.

In Mediation, the divorcing couple meets with a neutral mediator, who is trained to assist them in reaching an agreement. (for an in depth look at Mediation and its potential pitfalls, see Gretchen Walther’s Power Imbalances in Divorce Mediation).