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WHAT IS THE DIFFERENCE BETWEEN DIVORCE MEDIATION AND A COLLABORATIVE DIVORCE? Mediation: In mediation, a neutral party (the mediator) facilitates the negotiations of the couple and tries to help them settle their case. The mediator cannot give either party legal advice, nor be an advocate for either side. If the couple has lawyers, they may or may not be present at the mediation sessions. The couple is free to consult their lawyers between mediation sessions. Once the couple has reached an agreement, the couple may bring the agreement to their lawyers for review. If the parties do not reach a settlement through mediation they are free to choose to use the mediator or their lawyers in litigation, depending upon any previous agreements that may have been made. Collaborative Divorce: In a collaborative divorce the clients have their lawyers with them during the negotiation process. The commitment to settlement is the same as in mediation. The lawyers work with their clients and each other to assure that the process stays balanced, positive, and productive. Once an agreement is reached it is drafted and reviewed by the lawyers until an agreement is reached that is satisfactory to both of the participants. If the parties do not reach a settlement through a collaborative divorce, the lawyers and other involved professionals are precluded from participating in any subsequent litigation. Similarities: Both mediation and collaborative divorce are voluntary, confidential and rely on full disclosure by both parties and their commitment to resolve their issues on their own. I adhere to high standards of the Association for Conflict Resolution (ACR) Model Standards of Practice for Family and Divorce Mediation.
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