Most people who are beginning the divorce process have had little to no contact with the judicial system before. So it can be a daunting process to find an attorney and make decisions about your future without your spouse. If you’re contemplating a divorce, there are a few key terms you should be aware of so that you can be your own best advocate throughout the process.
One key thing to remember is that there is a difference between collaborative divorce and mediation. While both of these terms refer to an alternative dispute process, only collaborative divorce begins and stays out of the traditional court process. Mediation is an alternative dispute process that is usually used after the traditional process has already begun, which in some cases can be months after the divorce was filed. That means that you and your ex will have already gone to court, gone through discovery, and possibly spent significant amounts on litigation.
In contrast, the collaborative process never enters the traditional court model. So the chances of saving money, encouraging a respectful dialogue, and working through the process greatly increase.
The processes also differ because mediation does not emphasize a joint conversation, while collaborative divorce prioritizes an open, joint discussion. During mediation, a mediator will bring both parties, and their lawyers together to set an agenda. He or she will usually then separate the parties and shuttle back and forth between them to find a solution. Collaborative law keeps the parties, lawyers, and other professionals together throughout the process to foster a solution that will work for all involved.
Colorado Collaborative Divorce Professionals 