Process Comparisons - Collaborative Family Law Association of St. Louis

Collaborative Family Law Association

Process Comparisons

How does Collaborative Divorce differ from other legal representation?

Collaborative Divorce v. Mediation

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.

Collaborative Divorce v. Traditional Litigation

1
Control
2
Timetable
3
Privacy
4
Civility
5
Lawyers
6
Experts
7
Cost
8
Court
Collaborative Divorce

You and your spouse control the process and make the decisions.

Traditional Litigation

Judge controls the process and makes the decisions.

Collaborative Divorce

You and your spouse set the schedule for the progress of your case.

Traditional Litigation

Judge sets timetable and schedule for your case.

Collaborative Divorce

The process and details of your case remain private.

Traditional Litigation

Your case is a matter of public record, and sometimes media attention.

Collaborative Divorce

You and your spouse agree to treat each other respectfully.

Traditional Litigation

Court process is often a war of words.

Collaborative Divorce

Both lawyers work toward best possible settlement for your family from the start.

Traditional Litigation

Lawyers fight to win so other party loses.

Collaborative Divorce

Hired jointly to provide information so you and your spouse can make informed, mutually beneficial decisions.

Traditional Litigation

Hired separately to support each party's position, often at considerable cost to each party.

Collaborative Divorce

More manageable. Usuall less than litigation. More efficient use of experts.

Traditional Litigation

Can increase fast. Less predictable. More likely to result in future litigation.

Collaborative Divorce

Only involved at the end of a case to approve settlement negotiated by you and your spouse.

Traditional Litigation

Involved throughout the case.

Think Collaborative Divorce is for you?

St. Louis Collaborative Family Law Association

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