Mediation versus collaborative divorce

If you and the other party have agreed on many parts of the divorce such as child custody and visitation, but need assistance in dividing assets or debts, Mediation could be a great solution. You should be able to find an online listing of registered mediators in your state and county and often times their hourly rates will be published if the county maintains its own list of registered divorce mediators. You would still need to obtain a final decree of divorce from the courts, but a Mediator could help you put together a settlement agreement that would be binding as to the issues of custody, visitation, asset and debt division that the court could adopt as part of its final order in the divorce case.

I agree with the previous response that mediation is likely to be your least expensive route. Having said this, I would like to add that, while mediators are able to give you legal and financial information, in order to maintain impartiality (so that they do not influence the outcome of your settlement in favor of one or the other of you), they may not give you legal or financial advice. You may need to consult with a financial specialist and/or a lawyer. In the latter instance, I do recommend that each of you pay a Collaborative attorney for his/her counsel and review of documents. Such discrete services are considered to be "unbundled." As such, you are not paying for representation and should not have to pay a retainer.

You should consult with a matrimonial attorney in your state to learn about mediation and collaborative divorce in Washington state. I practice in New Jersey. In New Jersey, a mediator is used to assist the parties in reaching an agreement. The mediator does not provide legal advice to both parties and cannot represent either of them in Court. Most mediators recommend that the parties hire their own attorneys to review the mediated agreement and proceed with the divorce. In collaborative divorce, the parties both use their own collaboratively trained attorneys and also other experts such as financial/ divorce coaches if necessary. The attorneys assist the parties in reaching an agreement and then the once the agreement is signed, one party files a Complaint for Divorce and the parties attend Court for the divorce. In collaborative divorce, the parties each have their own attorneys. With mediation, you require the services of the mediator and then the two review attorneys.

I would add to the comments already posted that you should not limit the attorneys you consider to just those that advertise themselves as "collaborative" attorneys. Many attorneys will consult with you on a one-time basis and/or review documents you have drafted. Best wishes to you.

The Benefits of Divorce Mediation •Mediation is an affordable alternative to divorce litigation •Mediation is generally a more efficient and timely way of getting a divorce •Mediation allows parties to stay in control of the decisions they make instead of giving control to the courts •Through mediation, parties often finalize their divorces more amicably than in traditional litigation Although divorce mediation is not right in every situation, many couples are able to use mediation to finalize their legal matters in an efficient, timely and cost-effective manner. Child Custody is generally an area of great concern in a divorce. You say that is not an issue because you believe you will receive full custody of your teenage children . . . a collaborative divorce sounds like it may be the best way to go . . . it is much less expensive than a full blown divorce proceeding.