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How does divorce mediation and collaboration compare?

On Behalf of | Jun 1, 2022 | Mediation |

Divorcing is a difficult strain on just about anyone, even in situations where conditions are more or less as ideal as they get for a divorce. It can help anyone to eliminate more stress wherever possible.

For example, instead of going for a litigation option, some people may find that they can do mediation or collaboration instead. How do these look in the context of a divorce, exactly?

Collaborative divorce and divorce mediation

Cornell Law School defines collaboration in a divorce context. This involves both parties in a divorcing couple hiring their own personal representatives. These representatives then speak on behalf of their clients in group meetings that feature all four individuals. The couple must sign a document specifying they will stay out of court which, if nullified, means they have to start over and find new representatives.

These representatives do not necessarily carry out the same duties as a mediator. A mediated divorce involves only one person instead of two separate representatives. They do not negotiate on your behalf. They will listen to both parties present their side of the story. From there, they can offer opinions and insight from their unique third-party perspective.

How options compare

Both options focus on a couple’s ability to work things through more or less on their own, but with some outside help and guidance. Mediation tends to work better for couples who have fewer problems or less contentious issues to work out, however. Collaboration provides a little more structure and distance from one’s soon-to-be ex-partner for those who might find either of these points beneficial.


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