Both parties have an attorney in collaborative divorce, but that is not always the case during mediation. Legal input is provided every step of the way in collaborative divorce. In collaborative divorce, the attorney is also committed to settlement and not involving the court, which is not always the case when you mediate your case.
While a financial expert could be brought into mediation, often an expert is not involved. In collaborative divorce, you and your spouse have a dedicated financial professional throughout the process. The financial professional ensures that you are both making fully-informed decisions and sound financial agreements.
Collaborative divorce provides more accountability and commitment to the process than in mediation. In collaborative divorce, everyone is committed to reaching an agreement through the collaborative divorce process. This commitment is not just in spirit, but contractually as well.
While mediation can provide a safe environment for negotiating, there is no dedicated mental health profession in the room to help work through the complex emotions and issues often present in divorces, including differences in parenting styles and concerns about drug addiction, mental health concerns, physical, emotional or verbal abuse.
You and your spouse control the process and make the decisions.
Judge controls the process and makes the decisions.
You and your spouse set the schedule for the progress of your case.
Judge sets timetable and schedule for your case.
The process and details of your case remain private.
Your case is a matter of public record, and sometimes media attention.
You and your spouse agree to treat each other respectfully.
Court process is often a war of words.
Both lawyers work toward best possible settlement for your family from the start.
Lawyers fight to win so other party loses.
Hired jointly to provide information so you and your spouse can make informed, mutually beneficial decisions.
Hired separately to support each party's position, often at considerable cost to each party.
More manageable. Usuall less than litigation. More efficient use of experts.
Can increase fast. Less predictable. More likely to result in future litigation.
Only involved at the end of a case to approve settlement negotiated by you and your spouse.
Involved throughout the case.