Mediation and Collaboration are two different divorce processes. They are similar but there are some differences. You should have an overview of how each process works so you can choose the best way for you and your spouse to complete your divorce.

How Mediation Works

Mediation is a process where you and your spouse meet with a neutral facilitator, i.e., a mediator, to try and settle your divorce issues on your own without court intervention. You and your spouse may meet with the mediator with your attorneys present or on your own without the attorneys. It would be your choice.

You can go through mediation even if you and your spouse are divorcing in pro per, which means you are representing yourself and do not have an attorney. One or both of you can be pro per. If so, you must follow the court rules regarding the completion of all necessary paperwork.

The mediator does not give you legal advice and does not represent either you or your spouse in the divorce proceeding. The mediator can share the necessary legal information relevant in your case so that you understand the legal consequences of the decisions you make.

The mediator guides you through the process with the goal of you and your spouse reaching your own divorce agreement. It is very possible to come to an agreement on all issues. In some cases, however, court intervention may still be needed for resolution of one or more issues.

How Collaborative Divorce Works

In the collaborative process, you, and your spouse work with your own attorneys to settle your issues without court intervention. The difference between mediation and collaboration is that in collaboration, you must be represented by a collaboratively trained attorney. A team of professionals will help you through financial and parenting issues. A child specialist may be brought in to formulate a parenting plan.

A neutral financial expert will meet with you to help you analyze your assets and help you decide the best way to divide them. The financial expert can help you both to make budgets for going forward now that the same income that supported one home will now be stretched to support two separate homes.

Contact Kim Mediation and Law Center for More Information

Our attorneys at Kim Mediation and Law Center are committed to helping you through the divorce process without animosity. Compassion and friendliness for your ex-spouse will benefit you as time goes on, especially if you have children. We can help you whether you choose mediation or collaboration. Contact us for a free case evaluation. You may also reach us at 213-351-1000.