Divorce is difficult and stressful, but it does not have to be contentious. Many people believe that divorce must be resolved through an adversarial court process, but that is not true. There are multiple roads to a divorce, and they all offer different advantages and disadvantages. The best path to a divorce depends on the unique circumstances of each family.

Divorce mediation and collaborative divorce are two of the alternative dispute resolution processes available to families. These processes are typically quicker and less costly than traditional litigation. The two methods differ in how they approach the case and the involvement of attorneys.

In a divorce mediation, the spouses retain a mediator to act as a neutral third party and help them reach a settlement. The mediator does not provide legal advice and can facilitate negotiations by reducing tension between the couple. The mediator will also draft a divorce settlement that includes terms such as custody and parenting, child support, and property division.

Collaborative divorce involves a team of two specially trained collaborative attorneys who will represent each spouse during the negotiation process. Typically, other professionals such as mental health professionals and financial advisors will be on the collaborative team to assist in finding mutually satisfying solutions. The collaborative process is based on collaboration, transparency, and honesty.

Both spouses must hire their own attorney to provide them with legal advice throughout the negotiation process. The attorneys will then work together to find a settlement that meets the needs of both parties. The attorneys can also consult with other professionals to gain additional insight into the case.

If the parties cannot agree on any issues during the collaborative process, then they will need to proceed with a trial. In a trial, the spouses will each have their own attorney to advocate for them and their interests. The lawyers can also consult with other professionals to gain insight into the case, but this will require additional fees and delays.

Neither divorce mediation nor collaborative divorce will be successful for spouses who are unwilling to negotiate or want to punish the other spouse. In this scenario, it is typically more beneficial to pursue traditional divorce proceedings through the court. Choosing an experienced, knowledgeable divorce attorney is the best way to protect your rights and obtain a fair and thorough agreement. To learn more about your options, schedule a consultation with an experienced family law attorney in Sacramento. Our firm serves clients in Sacramento, California and surrounding areas. Call us today at (510) 550-7837 or contact us online to schedule your appointment. Richard Eldridge is a family law specialist with 38 years of experience helping couples resolve their family law disputes. He can help you through divorce, custody, child support, alimony, and property division. He can also assist with legal separation, judgment modification, mediation, and more. He can be reached at the Plaza-Midwood office, or any other location that you prefer. He is also a certified collaborative law attorney.