Navigating divorce can be challenging enough without adding to the additional stresses and expenses of the judicial system and litigation. What you may not know is, there are other options! When considering options, consider advanced mediation or collaborative divorce.

Both options offer a more nuanced and cooperative framework than traditional litigation or simple mediation, making them ideal for couples facing intricate financial, custody, or personal issues. This blog article delves into these sophisticated methods, helping you understand how they might fit into your divorce strategy.

Advanced Mediation: Beyond Basic Negotiation

Advanced mediation involves a more structured and sometimes more intensive form of mediation, designed to tackle complex disputes or elevated levels of conflict between spouses.

How It Works: Similar to simple mediation – where the parties engage a third party to talk through the issues in hopes of coming to a resolution – advanced mediation also uses a neutral third party to facilitate negotiations. However, it may incorporate additional elements such as multiple mediators, specialized experts (financial advisors, child psychologists), or a series of carefully planned sessions to systematically address each issue, as well as attorney involvement. This process does not preclude you from going through the courts subsequently or even contemporaneously as you work towards a final agreement.

Benefits

• Expertise: By involving professionals with specific expertise, couples can receive tailored advice and solutions for complex matters.
• Depth of Resolution: This approach can handle deeper issues, providing a thorough and nuanced resolution that might not be achievable in simpler negotiations.

Considerations

• Cost: While generally less expensive than litigation, the involvement of multiple professionals can increase costs. However, most participants will reap the benefits of the upfront costs in the long-term through a well-crafted resolution that can help avoid future disputes.
• Time Commitment: The process may require a significant time investment from both parties to work through complex issues thoroughly.

 

Collaborative Divorce: A Team-Oriented Approach

Collaborative divorce is a unique process where both spouses and their attorneys use a team-based approach and commit to resolving all divorce-related issues outside of court, using negotiation and open communication.

How It Works: Each spouse hires an attorney trained in collaborative law, and the team may also include other neutral professionals, such as financial planners or child specialists. The process is based on a pledge not to litigate; if the collaborative process breaks down, both attorneys are disqualified from representing their clients in court. All information is openly shared through the time, and relies on a variety of reference points, including the law, concepts of fairness, and most importantly, the individual needs of the family.

Benefits

• Holistic Approach: Collaborative divorce looks at the family’s needs as a whole, aiming for solutions that benefit all parties, especially children.
• Privacy and Control: The process is private and allows couples to maintain control over the outcome, unlike in court.

Considerations

• Requires Cooperation: Success depends on both parties’ willingness to work together and compromise.
• New Representation If It Fails: If the collaborative process doesn’t result in an agreement, starting over with new legal representation for litigation can increase costs. This can also often serve as an incentive to work through challenges using the collaborative process.

 

Choosing Between Advanced Mediation and Collaborative Divorce

When deciding between these two approaches, consider the complexity of your situation, your relationship with your spouse, and your willingness to engage in a cooperative process. Both methods aim to create a more positive post-divorce future but require a genuine commitment to negotiation and compromise. If you are not sure which process is right for you, you should talk through the pros and cons of each with your lawyer to fully evaluate your options and figure out what is right for your family.

For those navigating the waters of divorce in Virginia, advanced mediation and collaborative divorce offer pathways to resolution that prioritize mutual respect, cooperation, and the well-being of the entire family. By understanding these options, you can choose a path that aligns with your needs, fostering a foundation for a constructive and hopeful future.

If you have questions or need any assistance concerning mediation or collaborative divorce, please contact Michelle Bieber at (703) 525-4000 or mbieber@beankinney.com.

This article is for informational purposes only and does not contain or convey legal advice. Consult a lawyer. Any views or opinions expressed herein are those of the authors and are not necessarily the views of any client.