Not all divorce cases require contested litigation. There are many situations in which a couple agrees that a marriage needs to end and they wish to resolve their outstanding financial and other issues with a minimum of controversy. For this reason, there are a number of methods of alternative dispute resolution available in divorce cases.

Two of the more common methods you might have heard about are mediation and collaborative divorce. The two terms are sometimes used interchangeably, although they actually refer to different processes. What they do have in common is that they provide options for parties looking to dissolve a marriage without the need for a protracted legal proceeding.

Mediation

Let’s start with mediation. This involved bringing in a neutral third party–i.e., a mediator–to help the parties reach an agreement with respect to their divorce. A mediator is not the same thing as an arbitrator. In other words, a mediator is not there to decide or resolve any disputed issues. The mediator’s role is simply to facilitate discussion. The parties may or may not have their own lawyers present. But the real goal is to get the parties talking.

Collaborative Divorce

So what is “collaborative divorce” and how does it differ from mediation? For one thing, there is no mediator or third party. Each party instead hires an attorney who is specially trained in collaborative divorce. The parties and their attorneys then try and work together to reach a settlement as a group. If there are any factual disputes, say over the valuation of property, the group will hire any necessary experts to facilitate the process.

If the collaborative process fails to produce a settlement, however, the attorneys are required to withdraw and the parties must hire new lawyers if they wish to proceed with a contested divorce. This is an important protection built into the system–it ensures that the attorneys do not misuse the collaborative process to try and obtain an advantage in future litigation.

One thing to note with either collaborative divorce or mediation: You still need to go to court in order to finalize any agreements and obtain the final divorce. Alternative dispute resolution does not eliminate the role of the court, but it does minimize the active role that the judge plays in deciding any potential issues arising from the divorce.

When is Mediation or Collaborative Divorce Not the Right Option?

Although alternative dispute resolution is useful in many divorce cases, it is not always the best option. Mediation and collaborative divorce both require a high degree of trust and communication. If a marriage has already broken down to the point where the parties can barely speak to one another, these alternatives are almost certain to fail. In addition, if there are any allegations of abuse or financial impropriety in the marriage, it is often best for the parties to retain separate counsel and rely on the normal divorce process.

Contact Prince Frederick Family Law Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.