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Posted by: Maricopa Lawyers on Oct 30, 2013

Making the decision to hire a divorce attorney or choosing mediation can be quite overwhelming. I’m sure that you have heard horror stories of costly divorces from your friends and family. The fees for a divorce lawyer are higher the longer proceedings continue.

Mediation and collaborative divorce take out the adversarial approach many take to their divorce. While conflict cannot be avoided in divorce, mediation and collaborative divorce make these conflicts constructive rather than destructive.

So how does mediation work?

In mediation, a couple works with impartial third parties to make decision that need to made in connection with their divorce. The couple will meet with mediators over a period of time to gather data, discuss shared goals and find solutions. While a mediator guides the discussion, couples ultimately make final decisions.

So how does collaborative divorce how?

Collaborative divorce is same basic principle as mediation with the exception that both parties are represented by attorneys. The couple still maintains control of the decision making while keeping both parties out of the court system. Additionally, both parties work with “divorce coaches” who are mental health professionals and financial specialists who are trained in finance management.

Collaborative divorce is less expensive than traditional divorce but it is still more expensive mediation.

Mediation and collaborative divorce are idyllic for couples who are divorcing on amicable terms which are rarely the case. In most divorces the biggest issues are child custody/visitation issues, and property division.  Couples often become very emotional discussing these conditions.

If you know that you and your spouse will not be able to come to an agreement on either of these issues than it is recommended that you hire a divorce attorney and battle it out in court. However, even if you feel this way you should approach the divorce with your child’s best interest at heart.

Avoid divorce attorneys who advertise as being “aggressive”.