Understanding the difference between mediation and collaborative divorce for family law disputes

People often hear the terms “collaborative divorce” and “mediation” and wonder what the difference is. While both are processes used outside of court to resolve family law disputes, they work in different ways. Let’s break down each process to help you understand which option might work best for your situation.

What is collaborative divorce?

Collaborative divorce is a way for couples to resolve their divorce without going to court. In this process, both parties, along with their lawyers, sign an agreement committing to resolving their differences through negotiation. This agreement also states that neither party will take the case to court.

If the couple is unable to resolve their disputes, the lawyers must withdraw, and the parties will need to hire new lawyers if they want to proceed to litigation. There’s no neutral person involved in the collaborative divorce process—each lawyer advocates for their respective client’s interests. Although collaborative divorce avoids the court system, it is still an adversarial process, where one side is pitted against the other.

What is mediation?

Mediation, on the other hand, is a process where a neutral person (the mediator) helps both parties in a dispute negotiate a resolution. Mediation focuses on cooperation and finding common ground. The mediator does not represent either side but works with both parties to help them reach an agreement.

Unlike collaborative divorce, mediation can be used with or without legal counsel present. In British Columbia, only mediators qualified as family dispute resolution professionals can conduct mediation for family law disputes. These mediators undergo extensive training to help ensure that the process is effective and fair for all involved.

Mediation can be used at any point during a family law dispute, even for those who initially opted for the collaborative process. There are no restrictions on the types of family law issues that can be resolved through mediation—it’s a flexible option for disputes involving everything from divorce to child custody.

Key differences between mediation and collaborative divorce

To help you decide which option is best for your situation, review the comparisons in the table to the left.

Which process is right for you?

Choosing between collaborative divorce and mediation depends on your unique circumstances. If you’re looking for a more structured negotiation process with legal representation on both sides, collaborative divorce might be the better option. However, if you prefer a more cooperative approach, where a neutral party facilitates the discussion, mediation could be a better fit.

Take the next step

If you’re navigating a family law dispute, whether through mediation or collaborative divorce, it’s important to understand your options. Contact Kovacs Family Law Mediation to speak with an experienced family law mediator in British Columbia to find the best resolution for your situation.