Collaborative divorce is a new concept for many individuals. It is a process that functions as early intervention in disputes and is pursued to avoid costly litigation of a Florida divorce case. Due to its similarities with mediation, many people assume that it is the same thing as collaborative divorce. While the two are similar and both are used to resolve contested issues in a divorce case, there are a number of key differences.
The most fundamental difference is that with a collaborative divorce, both parties are present and accompanied by legal counsel during the process. The attorney serves to manage conflicts and ensure that that his or her client have knowledge of his or her rights and obligations. In mediation, however, the parties are typically not represented by legal counsel and are therefore negotiating their divorce case without the benefit of a Florida Family Law Attorney’s knowledge and advice,
Also, mediation is a singular event, which means that the process is completed in one day, whether it is successful or not. Collaborative law allows for numerous sessions and is flexible if the parties’ strategies chance. Otherwise stated, there is the opportunity for the parties to fine tune their agenda during a collaborative divorce case rather than through mediation.
Lastly, the timing of the event is a major difference where the parties to a divorce case choose mediation right before going to trial. They have already spent a significant amount of money to prepare for litigation and are pursuing mediation as a last ditch effort to avoid having a judge determine the outcome. This often makes the parties reluctant to compromise. Accordingly, a collaborative divorce focuses on resolution and settlement rather than litigation and can aid the parties in coming up with an appropriate agreement and settlement. It ca also help the parties maintain a working relationship which is civil and not adversarial. This is essential when children are involved.
Attorney Beryl Thompson-McClary has more than 28 years of divorce law experience in Florida and she is dedicated to achieving the very best results for her clients. Schedule a confidential consultation today, at no cost to you, by calling our Orlando, Florida office at (888) 640-2999.