NEW: A Comparison of Divorce Mediation, Collaborative Divorce and Litigated Divorce

By Vicki Volper, JD, LLM

Divorce Mediation and Collaborative Divorce have many common features, but they differ in significant ways. Both Divorce Mediation and Collaborative Divorce differ greatly from the traditional, adversarial divorce process. I will attempt to clarify the similarities and differences between these three divorce methods to help a divorcing couple make an informed decision about which process is best for their situation.

Divorce Mediation and Collaborative Divorce Puts You in Control of your Future

In conventional divorce, the process is controlled by attorneys, courts and judges. In both Divorce Mediation and Collaborative divorce, the divorcing couple maintains control of the divorce process and therefore of their future. This minimizes the occurrence of unexpected results and offers a greater degree of confidentiality.

Minimizing Fighting

Conventional divorce does little to minimize fighting and negativity. Often couples who believe they can peacefully resolve their divorce issues find themselves in a highly contentious situation once lawyers get involved in the process. In both Divorce Mediation and Collaborative Divorce, the parties are able to move forward and transition to their new lives with a minimum of conflict.

Children Come First in Divorce Mediation and Collaborative Divorce

Conventional divorce, not only does not focus on the needs of children, it often places children in the position of being bargaining chips. The conflicts that ensue reduce the couple’s ability to communicate and make successful future co-parenting less likely. In contrast, both Divorce Mediation and Collaborative divorce keep the needs of children in the foreground. Collaborative divorce offers the additional advantage of the expertise of coaches and a neutral child specialist.

Gathering of Information

In the conventional divorce process, attorneys gather financial and other information by questioning the adversarial spouse under oath. In both Divorce Mediation and Collaborative Divorce, information is shared freely and openly, saving time and money.

The Role of Attorneys

Conventional divorce attorneys represent each party with the goal of “winning.” Collaborative Divorce attorneys act as counselors and advocates, but respect the needs of all concerned and work toward settlement. In Divorce Mediation, the mediator does not represent either party in the divorce. Outside attorneys may advise each party or review the final separation agreement, but are not usually present during mediation sessions.

Divorce Mediation and Collaborative Divorce Avoids High Cost of Adversarial Divorce

While it is difficult to estimate the cost of a particular divorce, the conventional, adversarial divorce is generally the most expensive by far. Divorce Mediation is usually the least expensive divorce method. Collaborative divorce, while often less expensive than adversarial divorce, is usually more costly than mediation. On the other hand, it provides the couple with more support and professional expertise than Divorce Mediation. The use of ancillary team members, such as coaches and financial neutrals, can reduce costs by delegating portions of the process to individuals most skilled in those areas.

Divorce Mediation and Collaborative Divorce Services

Fairfield County, Connecticut

The Mediation Team of Connecticut provides divorce mediation and collaborative divorce services in Fairfield County, CT. A divorcing couple can work jointly with two divorce mediators, Vicki Volper, a family law attorney, and Paula Levy, a marriage and family therapist. Each has extensive divorce mediation training and experience. Each of the two divorce mediators brings special expertise to the process that enables the couple to best deal with the legal, financial and emotional issues of their divorce mediation.

Westport, CT | Fairfield, CT | Norwalk, CT

Weston, CT | Wilton, CT | Easton, CT

Mediation Team of Connecticut Office Location:

40 Cross Street, Suite 240, Norwalk, CT 06851

Fairfield County CT Attorney Specializing in Divorce Mediation:

| (203) 222-1202 This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Fairfield County CT Family Therapist Specializing in Divorce Mediation:

| (203) 761-9587 This e-mail address is being protected from spambots. You need JavaScript enabled to view it