Mediation vs Collaborative in Separation and Divorce

When weighing the option of mediation vs collaborative in a separation or divorce, a common misconception is that they are the same.  Although both collaborative and mediation fall under the umbrella of alternative dispute resolution, each has their own unique qualities.

Mediation and collaborative differ in three fundamental ways:  First, collaborative requires that both parties are represented by attorneys.  In mediation, parties can participate without legal representation at least until an agreement is reached.  It is advisable to retain an attorney in mediation but not required.  Second, collaborative includes a contractual obligation by all involved, including the attorneys, to forego going to court.  Mediation, practically speaking, reduces the likelihood that a matter winds up in court but it does not prohibit such an outcome.  Third, mediation is conducted by one person, the neutral mediator, whereas collaborative emphasizes a team approach toward reaching resolution.  This is not to say that collaborative requires a full team.  On the contrary, collaborative is inherently customized to address precisely the needs of a family.

At Ingram and Hall, we offer collaborative and mediation services as part of our commitment toward finding creative solutions in family law.

For more information about our services, please call (301) 658-7354 or email info@ingramhallfamilylaw.com.