Mediation
Divorce Mediation provides couples with a safe and neutral forum for the resolution of issues and concerns. It is a process whereby spouses discuss, negotiate, compromise and hopefully resolve their issues relating to the divorce with a neutral facilitator. The neutral facilitator may be an attorney, a psychologist, social worker, accountant or financial professional. Regardless of the professional designation of the mediator, that person can not provide legal or financial advice or therapy but rather is hired to assist the parties in facilitating communication, problem solving and in reaching agreement. It is highly advisable for both parties to have their own attorneys and to consult with them as the process is taking place. Both parties may want to consult with additional professionals for their expertise (psychologists, financial planners, etc.)
There are basically two issues in divorce: 1) the care of the children (if there are children)
and 2) the separation of debts and assets, and future support of children and/or spouses.
Both approaches, mediation and collaborative law, are designed to reduce conflict, and allow for some healing, salvage respect and facilitate communication between the parties during the process and into the future. It is a must to preserve an ability to work together particularly if there are children. Differences in sophistication regarding financial and emotional matters can be addressed by hiring experts who consult with the individual outside the mediation sessions. Both processes focus on empowering the parties to make their own decisions about their futures and places emphasis on reducing hostility and enhancing the ability of the parties to work together going forward.
Mediation differs from a Collaborative Approach in that one mediator meets with both parties and each of the parties consults with their own attorney and a neutral financial advisor. Mediation requires two parties who can competently represent their points of view and are willing to consider the points of view of the other party. If there is an inability to manage emotions, then the process cannot work and a collaborative approach, with each party having their own advocate and coach present and engaged in the discussions, may be a better option.
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