Why Collaborative Divorce is Better Than Mediation

When considering alternatives to a litigated divorce, it's essential to be aware of the two main options available to most spouses: collaborative divorce or mediation. Each of these choices has unique benefits that should be considered. While both options are generally preferable to a litigated divorce, collaborative divorce offers a few distinct advantages that may make it the better choice for some couples.

Collaborative divorce is a process that involves both spouses working together with a team of professionals to come to a mutually beneficial agreement. This team may include attorneys, financial experts, and mental health professionals. One of the key benefits of collaborative divorce is the ability to address emotional issues as well as legal ones. This can lead to a more amicable and respectful divorce for many couples.

Another benefit of collaborative divorce is the ability to control the outcome. Rather than leaving important decisions up to a judge, both spouses have a say in the final agreement. This can result in a more customized and personalized divorce settlement that better reflects the needs and priorities of each individual.

That said, it's essential to remember that every couple's situation is unique. Collaborative divorce may not be the best choice for everyone. It's important to carefully consider your own needs and priorities before deciding. While online research can be helpful, consulting with a qualified professional who can provide personalized guidance and support is always a good idea.

If you genuinely want to discover whether collaborative divorce is the right choice for you, it is probably best to book a consultation with a divorce attorney in North Carolina. Our legal professionals can help you review the pros and cons of mediation and collaborative divorce. We can also assess your unique situation and determine which method best suits your needs. You want the help of a lawyer who has specific experience with collaborative law, and our legal professionals can explain the benefits of collaborative divorce in much more detail.

First of all, you should know that both mediation and collaborative divorces are usually much more effective compared to a litigated divorce. Both of these methods help you avoid the costly, time-consuming, and stressful process of a litigated divorce. In other words, you never have to go through a trial, and you can wrap up your divorce relatively quickly and cheaply. Both mediation and collaboration prioritize cooperation and negotiation instead of the combative "me vs. you" nature of a trial.

The main difference between mediation and collaborative divorce involves the people responsible for facilitating the negotiation. In a mediated divorce, the person who facilitates the negotiation is called a "mediator." This is a neutral third party who serves neither spouse. Instead, they approach the negotiation with zero bias and only attempt to reach a resolution that is best for everyone involved.

On the other hand, a collaborative divorce is facilitated by attorneys who represent each spouse. In most cases, each spouse has one attorney present during the divorce. Unlike mediators, these attorneys serve the best interests of their clients. Their goal is to help their clients reach the best possible outcome, and they are biased in that manner.

Many spouses may prefer a collaborative divorce for a number of reasons. First of all, a collaborative divorce ensures that there is someone in your corner – someone who will fight for your best interests and help you walk away with the best possible outcome. In contrast, a mediator will not exhibit the same level of commitment and interest in your needs. If the mediator feels that it's "fair" to saddle you with considerable financial losses and an unfavorable custody arrangement, there is really nothing you can do about it. On the other hand, a collaborative divorce attorney can push back and negotiate effectively for a better deal.

Mediation can be a complex process, especially for individuals who struggle with expressing themselves. Suppose you find yourself in a situation where there is a power imbalance in the relationship, and you have trouble dealing with confrontations. In that case, you may be tempted to simply agree to whatever the mediator suggests. However, it is essential to remember that your needs and desires should be taken into consideration during the negotiation process, and a collaborative divorce attorney can help ensure that this happens.

By hiring a collaborative divorce attorney, you can have someone who will speak on your behalf and ensure that your voice is heard during the mediation process. This is particularly important if you are someone who prefers to remain quiet during confrontations. Before the negotiations begin, you can discuss your priorities and objectives with your attorney. Your attorney can then fight for these goals, and you will never have to raise your voice if you do not feel comfortable doing so.

Furthermore, a collaborative divorce attorney can provide more detailed guidance and support throughout the mediation process. They can help you understand the legal implications of different decisions and provide you with valuable insights into the negotiation process. This can help you make more informed decisions and ensure that your needs and desires are considered.

In summary, if you are struggling with self-expression or find confrontations difficult, a collaborative divorce attorney can be an invaluable asset during the mediation process. They can help ensure that your voice is heard and that your needs and desires are taken into consideration, providing you with the support and guidance you need to make informed decisions.

If you have been searching for a qualified, experienced divorce attorney in North Carolina, look no further than Arnold Smith, PLLC. Over the years, we have helped numerous spouses in North Carolina, and we can help you strive for the best possible outcome in your divorce. With our assistance, you can pursue a collaborative divorce and prioritize your best interests in a number of ways. While mediation can also be effective, collaborative divorce is the clear winner for many spouses. Book your consultation today, and we can explain the benefits of collaborative divorce in much more detail. When you are ready, we can then move forward and help you deal with your divorce effectively. Reach out today.