Mediation is a voluntary process. A neutral third party works with both sides to reach a mutually satisfactory resolution. Divorce mediation gives individuals contemplating or going through a divorce a safe, neutral space to work through the issues, with the help of a trained divorce mediator. Mediation and collaborative divorce share a similar approach: both offer a non-adversarial, settlement-driven path through divorce. In mediation, the attorneys generally do not attend the sessions. In a collaborative divorce, by contrast, the attorneys, clients, and a coach or facilitator meet regularly. Contact our office for a sample agenda of the issues divorce mediation typically covers.
Why Choose Mediation?
Mediation offers several advantages. It lets the parties maintain control over the outcome of their dispute, rather than leaving that decision to a judge. Mediation is also usually far more cost-efficient than retaining individual attorneys and pursuing traditional litigation. That said, we still recommend that each party have an attorney review any agreement mediation produces.
A divorce can generally cost each party $5,000 to $20,000 in attorney fees. At Hera Law Group, we charge $300 to $425 per hour, depending on which attorney mediates your case. Most divorce mediations take between 8 and 15 hours. Sessions usually run in two-hour blocks, though some parties opt for one-hour blocks.
What is a Collaborative Divorce?
A collaborative divorce lets spouses who have decided to end their marriage work with their lawyers toward a settlement. That settlement aims to meet the needs of the entire family, without the threat of litigation hanging over the process. In other words, the couple settles the terms of their divorce outside of court. Collaborative divorces promote cooperation, which helps couples avoid the combative atmosphere that pervades so many divorces. Both spouses aim to reach an agreement that is fair to everyone, including any minor children.
Why Choose a Collaborative Divorce?
A collaborative divorce lets spouses retain control over decision-making. This avoids having a judge decide contested issues for you. Choosing this approach also helps people navigate difficult, emotionally charged decisions more rationally.
An attorney trained in collaborative divorce can guide you through those decisions. When needed, your attorney can bring in specialists such as financial planners, appraisers, and mental health professionals to help reach an agreement that benefits everyone involved, including any children. The attorneys involved also sign a disqualification clause. It requires them to withdraw from representing their client if the collaborative process breaks down and the case heads to litigation. This requirement helps keep everyone committed to reaching a resolution outside of court.
A collaborative divorce can also cost significantly less than a conventionally litigated divorce.
How Does a Collaborative Divorce Work?
In a collaborative divorce, both parties must agree to work with attorneys trained in collaborative law. The clients, attorneys, and a coach or facilitator sign a Collaborative Process Agreement. They then meet regularly to negotiate and work toward an agreement. The team can bring in the specialists mentioned above if the case calls for it. Once the parties reach a settlement, the attorneys draft an agreement that reflects the clients’ decisions. The attorneys then submit that agreement to the court for approval.
