I get a few phone calls a month from prospective clients about collaborative divorce. What is it? Is it the same as divorce mediation? Do I have to go to court if I do collaborative divorce or mediation?
Collaborative divorce is similar to mediation in that both processes are designed to be less adversarial than a traditional litigated divorce. Information is freely exchanged and spouses make a concerted effort to achieve a divorce settlement in an efficient and cost effective manner. Whether either process ultimately results in a settlement ordinarily depends on the effort and reasonableness of the parties involved.
Collaborative divorce differs from mediation in one important aspect – both spouses have an attorney that actively participates in the process.
In mediation, a neutral mediator meets with the spouses (without attorneys present) in an effort to achieve a fair settlement for both parties. Although the mediator is typically a lawyer, he or she does not represent either spouse in the mediation process. The mediator may suggest to either spouse that they retain “consulting counsel” for the limited purpose of reviewing the settlement proposal and providing independent advice.
Only a judge can grant a divorce. Therefore, both collaborative divorce and divorce mediation require a divorce case to be initiated in court. If mediation or the collaborative process has worked well then usually only court appearance for an uncontested divorce is required.
Whether or not divorce mediation or collaborative divorce makes sense depends on the particular circumstances of the case.
Please contact me to discuss collaborative divorce in Connecticut.