Collaborate or Mediate?/Martin Rosenfeld

Posted on April 17, 2011

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A recent post on HuffPo cites 5 reasons for Collaborative Divorce. Included are factors of privacy and cost. All factors cited are germane to Divorce Mediation as well. Why therefore do I suggest mediation rather than Collaborative Divorce? One reason is that collaborative divorce is economical but Divorce Mediation is more so. And so on and so forth with all factors that are cited in the article. . However, only Divorce Mediation allows the parties to communicate directly with one another. If they are co-parents this is a skill they need to develop. Collaborative Divorce puts less faith in the ability of the couple to talk out their differences. Is Collaborative Divorce better than litigation? You bet. Is it better than Divorce Mediation? Virtually all mediators will answer that question in the negative. Mediation gives you a chance to prove (perhaps to yourself) that you can rise t high levels of civility even at a time of great stress and rancor. Is that important? You decide.

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