Tips for Choosing Between Mediation and Collaboration

Two alternative options to divorce litigation are mediation and collaboration. But which is the right choice for you?

When collaboration makes sense

If you have a need or simply a desire to have separate legal representation, collaborative divorce may be a better option. While you can have an attorney advise you in the mediation process, they will take a much more active role in advocating for your interests in a collaborative divorce. This is especially beneficial if you have complicated financial situations or legal issues at stake.

In addition, if there is a power imbalance in your relationship that you think would serve as a barrier to effective mediation, but you still want to stay out of the courtroom, collaborative divorce is likely a better option. This gives you greater structure, and an attorney who can be a more assertive force in the process.

When mediation makes sense

Mediation gives you much greater flexibility and control over the divorce process. You’ll set your own rules or protocols in many cases, and the conversations that happen are much less structured.

Mediation is often more efficient and less expensive than collaboration because it requires fewer professionals and often is able to conclude faster as parties involved in mediation are typically more willing to negotiate with each other.

Finally, you have stronger confidentiality protections in mediation. There are no laws that protect collaboration confidentiality.

Want to learn more about how you can choose between mediation and collaboration for your divorce process? Contact an experienced Long Island divorce attorney at Solutions Divorce Mediation for more information about how to proceed.