Mediation vs Collaboration in Divorce

When deciding on which process to use for your divorce it is important to know what each process entails. The determining factors that one must consider when deciding on the process to use are that each case is unique, your preferences and your access to a good attorney play a large role. This article will examine collaboration and mediation processes in divorce and look at the pros and cons of each process. 
 
Each process has general features that describe it:
Mediation
-A mediator is used; this is a neutral person who assists with negotiations and has no power to decide or make decisions on the case; their main function is advising.
-The setting is informal and flexible.
-Process is efficient and inexpensive; it’s not as time consuming and expensive as litigation.
Collaboration 
-Spouses and attorneys sign a ‘no court’ agreement. 
-Spouses and attorneys negotiate in a 4 way meeting.
-The neutral party is a professionals; either a counselor or a mental health professional.
-The process is done in an informal and flexible setting.
-The process is more effective than litigation and less expensive than litigation.
 
Collaboration Pros
-It is the best process for a person who requires legal representation every step of the way. The two attorneys involved guide every aspect of the process. 
-The law serves as a guidepost and not a prescription, therefore parties are free to decide whatever works for them.
-Where there is an imbalance of power between the parties to divorce, having the attorneys with you every step of the way evens out the ability to speak confidently or be advised when one speaks too much. 

Collaboration Cons
-If the collaboration process does not work, your lawyer is required to withdraw from your case. This will require that you start the whole process again and need to find a new lawyer and maybe new experts and advisers. 
-If the process does not work it will mean a lot of expenses for you and a delay in getting your new lawyer up to speed. 
-Some argue that the collaboration process blurs the role of the lawyer while looking for compromise but is still expected to represent the interests of the client at the same time. 
-Some argue that the process requires lawyers to negotiate thus making them mediate and is said to lessen creative solutions. 
 
Mediation Pros
-The mediation process gives flexibility and control over the process, in that one works directly with the mediator on deciding the process and substance of the case. 
-Efficiency and cost saving in that all it requires are both spouses’ attorneys, the divorcing parties and the mediator; this lessens the need for coordinating calendars of professionals (as in the collaboration process).
-The Texas ADR Act Section 154.073  protects the confidentiality of statements made during mediation. 

Mediation Cons
-If it fails you may have to start over and will have lost money with the first process.
-If mediation fails ensure you will need to find a Houston, Tx divorce attorney ; who is from an experienced and renowned law firms of professionals. 
 
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