Mediation vs Collaborative Law

Distinguished Graduate of Harvard Law School

Montgomery County Family Law Attorney

Helping You Amicably Resolve Family Law Issues through Mediation

If you are looking for a way to minimize the financial and emotional costs of divorce, you may have given consideration to mediation or the collaborative approach to divorce. Understanding the differences between the two, as well as your rights in each type of proceeding, can be difficult. You want an experienced and knowledgeable lawyer to help you determine whether these methods of dispute resolution can benefit you.

Mediation: Advantages Over Collaboration, why it's the Best Approach

At The Law Offices of Jonathan J. Biedron, LLC in Germantown, Maryland, I have a comprehensive understanding of all matters related to family law, including divorce mediation and the collaborative law process. Based on my experience, I believe that mediation offers many more advantages than the collaborative process, if you seek to settle your disputes without the time and expense of divorce litigation. I will help you understand how the process works, what your rights are, and how you can best use the process to meet your goals. Contact my office or call me at 301-916-2900 to set up a reduced-fee consultation.

What is Mediation? 

In mediation, you and your ex-spouse work cooperatively with a neutral third party, seeking solutions that are acceptable to both parties. The mediator does not represent either party, but is tasked with helping you find mutually beneficial ways to settle your differences. The mediator does not consider legal arguments or take testimony, and will not render a decision. Attorneys may be part of the process, but are not required. If the mediator succeeds in helping you formulate an agreement, the terms of that agreement are formalized in a contract that becomes enforceable in court.

Though you don't need an attorney in the mediation process, it can be beneficial to consult with one before and during mediation. The mediator will not make certain that you understand your rights. The mediator will only work with you to help you come to agreement.

The Benefits of Mediation

Mediation has many benefits. First, it puts you in control, rather than the court. You become integrally involved in all final decisions. Second, because it is cooperative in spirit, the solutions that come out of the process tend to be easier to enforce and last longer. Because you are working with your ex-spouse, there tends to be less stress and anxiety in mediation. Finally, mediation can save considerable time and expense to reach resolutions.

What About the Collaborative Process?

In the collaborative process, you simply agree with your ex-spouse that you will attempt to resolve differences without the intervention of the court. You will still be represented by an attorney, but your attorney can only represent you in the collaborative proceedings, so you must hire another lawyer to handle any other issues. Your lawyer may have duties to disclose information to the other side, so that issues can be resolved without the involvement of the court. Accordingly, you may not have the attorney-client privileges that are traditionally available. If you are unable to resolve all issues, you must discharge your attorney and find another lawyer to represent you in any subsequent proceedings.

Contact My Office

To learn more about mediation or the collaborative law process, contact me or call me at 301-916-2900. All initial consultations are at a reduced fee. My office is open weekdays from 9 am until 5 pm. Visa and MasterCard are welcome.

I offer competitive rates.