When going through a divorce, it makes sense to want to minimize the amount of stress you feel and have to deal with. One of the best ways to mitigate stress is by avoiding taking the case to court in the first place.
Alternatives to litigation exist for this reason. This can include both mediation and collaboration, which offer their own unique benefits.
Mediation and collaboration in divorce
Cornell Law School discusses the option of collaboration in divorce. Generally speaking, this involves both partners in a marriage hiring their own personal representative. These attorneys will essentially speak on behalf of the partner they represent in negotiations about the divorce terms.
On the other hand, mediation serves as another type of aid for negotiation but with just one party. Instead of speaking on behalf of a client, the mediator will listen to both parties present their own side of the situation, along with their demands and what they want out of the divorce. They then make suggestions and offer opinions based on what they heard, and their unique point of view as a neutral third party.
The role a couple plays
Note that mediators do not have the legal power of a judge, though. They cannot make decisions for a couple, nor can they enforce one. In other words, it is up to the couple in both situations to work out the bulk of their issues beforehand. A couple with too many contentious conflicts on controversial topics, or an inability to cooperate even for short spans of time because of their bitter feelings, will not make the best candidates for either choice.
