When it comes to a divorce, most couples feel there is no right or wrong way to go through because it is a tough ordeal no matter what. If you want to avoid costly and lengthy litigation, your Miami divorce lawyer may present you with the option of mediation or a collaborative divorce.But, how do you decide which one is right for your case? You should listen to your divorce attorney in Miami first and then sit down with your spouse (if possible) to decide which route to take.
Some reasons couples will choose mediation include:
- They have a mediator to help during negotiations
- The mediator doesn’t decide the case
- Meetings are more informal
- The negotiations are flexible and you feel more in control of your divorce
- There is no obligation to hire outside advisors
- It is less time consuming and less costly than litigation
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Some reasons couples will choose collaboration include:
- Each spouse still retains their own attorney
- The couple signs a no-court agreement to ensure no one attempts to litigate later on
- Spouses will negotiate during calm, four-way meetings
- Attorneys can have collaborative professionals also sit in on the meetings and negotiations
- The meetings are informal, flexible, and non-confrontational
- This method is still cheaper than litigation and takes less time
Couples who choose collaborative law often do so for the attractive options, including:
- Each couple still retains his or her own lawyer. Some couples do not feel comfortable sharing an attorney or not having one at all. They want to be able to consult their Miami divorce lawyer on their options, make sure their negotiations are fair, etc. With collaboration, couples still have their own attorneys representing their best interests and giving them valuable advice.
- Provides balance between the couple. Regardless of who was in charge during the marriage, collaborative law meets both spouses on equal ground. The dynamics of the relationship before do not matter during collaboration and each spouse will have an equal say in the negotiations and how their divorce plays out.
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There are some downsides to collaboration as well, which you should be aware of before selecting it as your divorce method of choice. These downsides include:
- If it doesn’t work, then an attorney will have to withdraw, since you signed a no-court agreement with both attorneys before starting your collaborative divorce case.
- If you do not agree and have to start over, it will be much more costly and may end up in litigation anyway, which means it will take more money and more time to settle your divorce.
- Lawyers are involved in the negotiations so couples may feel as though they don’t have as much creativity with their negotiations. However, this can be addressed simply by letting your Miami divorce lawyer know what you are hoping to achieve.
There are a few reasons some couples will choose mediation over other methods, including:
- There is more flexibility with mediation. When you opt for mediation, you have more flexibility and control than collaboration. Because mediation does not need an attorney, you will simply meet with the mediator to discuss your case and negotiate your settlement with your other spouse. Also, you will have more relaxed procedures to follow with mediation than collaboration and there is no risk of losing an attorney or having to eventually hire another attorney if mediation does not work.
- Efficient and cheaper. If you and your spouse are worried about costs or want a fast divorce, mediation is one of the faster methods. It is cost-effective because you will not have attorney’s fees.
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There are also downsides to mediation, which can include:
- You will not have an attorney. Without an attorney, you cannot ensure your best interests are considered—nor can you ensure that the negotiations are fair. An attorney is there to represent you and what you need from the divorce.
- You may head to litigation anyway. Because mediation requires both spouses to agree and negotiate with one another, any form of tension can throw off the process and require couples to not only go to litigation, but hire attorneys anyway.
Meet with a Miami Divorce Lawyer Today
If you and your spouse are not sure which type of divorce method is right for you, meet with the divorce attorneys Miami FL at the Law Offices of Aliette H. Carolan today. We can help you figure out the right divorce plan and make it as easy and cost-effective as possible.
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