Divorce can be stressful, but there are ways to make the process smoother. Collaborative law and mediation both offer alternatives to traditional court battles, but they function differently. If you’re considering divorce, understanding these options can help you choose the best path for your situation.
The role of attorneys in each process
In collaborative law, both spouses have their own attorneys trained in the collaborative process. Everyone agrees in writing to resolve issues without going to court. Attorneys help negotiate fair agreements, and if the process fails, new attorneys must be hired for litigation.
Mediation, on the other hand, involves a neutral mediator who does not represent either party. The mediator helps facilitate discussions and guide spouses toward a resolution. While attorneys can advise clients outside mediation sessions, they do not negotiate directly in the room.
Differences in structure and process
Collaborative law involves multiple meetings where spouses, attorneys, and other professionals, such as financial or child specialists, work together. This team approach focuses on creating well-rounded agreements tailored to both parties’ needs. In Washington, the Revised Code of Washington outlines collaborative law procedures.
Mediation is typically a single or limited number of sessions where the mediator helps couples reach agreements. Mediation may be voluntary or court-ordered, and if successful, the mediator drafts a settlement agreement for the court.
Privacy and control over decisions
Both options keep divorce proceedings private, unlike court trials, which become public record. However, collaborative law provides more control since both parties actively negotiate with professional support. Mediation relies on spouses reaching agreements independently with the mediator’s guidance, which can be challenging if emotions run high.
Choosing the right approach for your divorce
If you want structured legal support throughout negotiations, collaborative law may be a better fit. If you prefer a neutral facilitator and fewer legal expenses, mediation could be the right choice. Understanding Washington’s laws can help you make an informed decision.
