Mediation vs Collaborative Divorce
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- เผยแพร่เมื่อ 25 ก.ย. 2024
- In this video, I'll be discussing the differences between mediation and collaborative divorce and why mediation might be the better choice for you.
Collaborative divorce is a legal process where both parties hire attorneys to help them reach an agreement outside of court. While it may seem like a good option, it often ends up being a more time-consuming and expensive process than mediation.
Mediation, on the other hand, is a process where a neutral third-party mediator helps the couple come to an agreement. The mediator helps facilitate communication, but ultimately the couple makes the decisions. Mediation is often less expensive, less time-consuming, and less stressful than going through a traditional divorce.
In mediation, both parties have the opportunity to express their needs and concerns and work towards a mutually acceptable solution. This can be especially beneficial for families with children, as it helps them maintain a positive relationship with their ex-spouse.
Helpful Blogs:
• How Do Mediators Settle Divorces www.grainemedi...
• How to Choose a Good Divorce Mediator www.grainemedi...
• 7 Tips for How to Choose your Mediator www.grainemedi...
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What if we're both willing to come to an agreement? Should we still use a mediator?
If both spouses are in agreement on all divorce settlement topics, using a mediator is still a good idea. That way, you can be sure that nothing is left out (which is common with DIY divorces) and both of you were fully informed of your rights prior to signing your settlement agreement.
@@GraineMediation thank you, this is good advice.
Are you in Portland Oregon????
Sorry. I am not. I am in Virginia. Although the devil is always in the details -- especially when it comes to law -- many of the same principles apply state to state. I hope you find a mediator in Portland who can help you.
Why does mediation cost in the multiple thousands?
I charge $450 an hour (I am a lawyer, certified mediator, and a certified divorce financial analyst with 21 years of experience, 15 strictly in divorce mediation (the rest in trial work as a family lawyer and child abuse attorney). Most mediations take 6 hours to settle (two 3-hour sessions) = $2,700. To write a professional settlement agreement that is clear and lock tight takes about 9 hours (including editing) = $4,050. $2,700 + $4,500 = $6,750. This is an average. That assumes the couple has children and that there is no alimony. Alimony cases are usually pretty complicated. You can expect another 2 hours of mediation time and 2 hours of drafting time. With no children, the prices are lower (unless the marital estate is complex). You can hire a less expensive mediator; but she will probably not be a lawyer. That means that she will not be able to write up your settlement agreement (at least in a form that would be acceptable to anyone who knows about contract law). Most mediators also require that you have attorneys. That is very expensive. I do not require that my clients be represented by lawyers. Why would they need that? I can explain the law, the tax, the finance, and what the expert are saying about various child custody arrangements. Hope this helps.
Hi if my spouse doesn't want to go to mediation. What to do?
You will need to hire an attorney. You cannot force someone to be reasonable. Or rational. So, you cannot force them to participate in mediation, either.