For years, there were only two ways you could end a marriage -- by settling the divorce through the use of two different attorneys or by taking the case to court to hash out the issues before a judge. In recent years, the use of alternative dispute resolution has become a more popular form of divorce, rather than the traditional litigated route. There are two main forms of alternative dispute resolution: collaboration and mediation. Both ways of divorcing allow couples to settle divorce issues on their own terms, rather than leaving them to a judge to decide. Many people have a false notion that collaborative divorce and mediation are the same thing, but they are different, and each method has its own unique benefits.
Divorce Mediation
In a mediated divorce, the couple works with a neutral party, called a mediator, who helps them make decisions about their divorce. The mediator does not have to be an attorney, but it should be a person who is trained in mediation and knows divorce and family law. The mediator should be a completely neutral third party to the divorce, and they will not advocate for either spouse. Both spouses may still need to retain their own attorneys to help them understand their rights and legal options throughout the mediation process. An attorney can also go over the divorce settlement and identify any issues that should be addressed prior to finalizing the divorce.
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