Collaborative Divorce and pro se mediation methods are increasing in popularity. It’s for good reason too, as more divorcing couples look to preserve relationships and customize their settlements while reducing conflict. While these 2 options have some similarities, they are different and can determine the course of your divorce.
Representation
Collaborative: Each spouse hires their own collaborative divorce attorney. These attorneys represent each client’s individual best interests.
Pro Se Mediation: A mediator can be an attorney or non-attorney. Either way, the mediator serves as a neutral third-party and does not represent either party.
Legal advice
Collaborative: An attorney is able to provide valuable legal advice while guiding clients through important information.
Pro Se Mediation: A mediator can provide information throughout the divorce, but they’re ethically prohibited from providing legal advice to either party.
Balance of power
Collaborative: Maintaining a fair balance of power throughout a divorce can be a challenge. When there’s an imbalance of power, a collaborative divorce attorney can step in and help to effectively equalize and diffuse the situation.
Pro Se Mediation: A mediator serves as a peacekeeper and facilitator. If there is an imbalance of power, they use mediation and conflict resolution tactics to guide the couple through disagreement.
Legal documents
Collaborative: A collaborative attorney can draft all of the legal documents needed throughout the divorce process. In addition to filing the divorce, collaborative attorneys can also draft prenuptial, postnuptial, separation, and custody agreements.
Pro Se Mediation: As a neutral party, a mediator is ethically prohibited from drafting the legal documents required to make the negotiated agreement between the parties legally binding. Instead, the mediator drafts what is called a mediation summary or memorandum of understanding. One party then takes this summary/memorandum to an attorney, who will prepare the legally binding document(s).
Professional support
Collaborative: With a collaborative divorce, there are a number of collaboratively trained professionals available to support clients, either individually or together, during the divorce process. This often includes financial experts, child custody specialists, mediators, and/or coaches.
Pro Se Mediation: In conventional divorce mediation, couples generally work with one mediator.
Negotiation assistance
Collaborative: Collaborative Divorce participants receive assistance in negotiating their divorce, no matter where they are in the process.
Pro Se Mediation: In mediation, professional mediators help guide the divorce negotiations, but they are prohibited from legally assisting or providing direct advice to either party involved in the divorce.
If you’re looking for someone to serve as a legal advocate, who solely represents you and your best interests, Collaborative Divorce may be the better option for you. Collaborative Divorce attorneys will work to create a positive and supportive atmosphere for you and your spouse. The goal of Collaborative Divorce is to reach a fair and balanced resolution without the threat of future litigation. An agreement is reached where both spouses have direct input and control in the outcome, rather than fighting through litigation where there is little to no control. Collaborative Divorce is widely recognized as a respectful approach with long-lasting mutual benefits. When you engage the help of a collaborative divorce attorney, you’ll have access to legal support and additional resources specific to your personal needs.
I’m a collaborative divorce attorney and certified mediator. My journey in this industry began when I experienced divorce first-hand through litigation. After realizing the excessive stress that it caused my children, my ex-husband, and myself, I knew there had to be a better process. Inspired to help others, I founded ROAD to RESOLUTION as a non-attorney mediator. I later earned a Juris Doctor, passed the North Carolina Bar, and became a Collaborative Divorce attorney as a way to offer a full range of services to my clients. I believe that hiring an attorney with experience in both collaborative law and mediation is beneficial, no matter which method you end up choosing.
Interested in learning more about collaborative divorce?
If you have specific questions about how a Collaborative Divorce might work in your unique situation, please don’t hesitate to give ROAD to RESOLUTION a call at (980) 260-1600. Our Charlotte-based team of legal experts is ready to help you. Our mission is to offer support and guidance to you and your family.
(Note: This blog is intended to be informational only and shall not be construed as legal advice. For more information, please contact www.ROADtoRESOLUTION.com.)