Is mediation the same as collaborative divorce?

Mediation and collaborative divorce are both methods of alternative dispute resolution, but they are not the same.  

It might be helpful to think of collaborative divorce as the middle point between mediation and all-out litigation.

In mediation, the spouses work with a neutral mediator to resolve all issues and draft a divorce settlement that can be submitted to the court.

In collaborative divorce, the divorcing spouses agree to develop a divorce settlement outside of court, but each party hires his or her own team to assist in the negotiations. The collaborative divorce team often consists of an attorney and a therapist. Sometimes, a neutral financial planner or child psychologist will be brought in to assist with specific issues.

For divorcing couples who wish to avoid the expense of litigation, both mediation and collaborative divorce are good options. Collaborative divorce is often needed when a power imbalance or trust issue exists in the relationship.  

It should be noted that since more professionals are involved in a collaborative divorce, there is an increased cost involved. Professionals need to be paid by the divorcing parties as part of the process; divorce mediation generally just involves the divorce mediator.

Other Frequently Asked Questions about Mediation

• How can I know that my mediator will be neutral and unbiased?
• How do I choose a divorce mediator?
• How long will it take to finalize our divorce using mediation?
• How much does divorce mediation cost?
• If I divorce through mediation, will I need a lawyer?
• If I use divorce mediation, will I have to go to court?
• Is mediation the same as collaborative divorce?
• What are the residency requirements for the divorce of a same-sex couple in California?
• What if we begin mediation, but we find that we cannot agree on some issues?
• Will a divorce impact my ability to collect Social Security benefits on the work record of my ex?