Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

The main differences between mediation and collaborative divorce

There are many divorce cases each year in New York and each one is unique. Everyone's lives are different and so it follows that when people separate their lives through a divorce, the outcomes will also be different. Also, how people reach the final outcomes of their divorces differ as well. People can work out their differences on their own, they could use divorce mediation or the collaborative divorce process or people can litigate their differences and have a judge decide the outcome after a trial.

Many divorces are settled before trial and one of the main ways people are able to accomplish this is through divorce mediation. However, there is another process that is available for people as well and that is the collaborative divorce process. Both involve the couple working through their differences and reaching agreements on their own, but the process of how they reach those agreements is different.

One difference is that divorce mediation uses a neutral third-party mediator to help facilitate negotiations. Through the collaborative divorce process the parties and their attorneys work together to reach the settlements without a neutral third-party. Another is that in divorce mediation people are not required to exchange documents, while the couple does in collaborative divorces. Another major difference is that in mediation the mediator's role is to facilitate discussions and drive the process, while in collaborative divorces the parties and their attorneys drive it and must work together to reach resolutions.

There are many ways to resolve divorces in New York and many of them settle before trial even if the couple began with the litigation process. Oftentimes people utilize divorce mediation to help resolve their differences, but another option could be the collaborative divorce process. Both help the couple resolve the divorce, but there are big differences between the two.

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