How collaborative process uses mediation in divorce
Written by Michelle Ogborne

How collaborative process uses mediation in divorce

Divorce is a difficult time, but it’s also hope-filled because you and your partner are changing the way you live. Your new lives can be better. You can focus on your strengths and unity as a family using effective communication. Coaching, as a step in a collaborative divorce, is a way to learn new skills to help you communicate better and create your new, separate lives. If you have children, they may feel less threatened when they see you make parental decisions together.

How You Make Mediation in Divorce Work

During a collaborative divorce, your communications coach guides you. You will learn ways to communicate with each other to retain control of your divorce. You both will complete your collaborative divorce by drafting a cooperative, final document based on:

  • Compromise – This type of divorce is a win-win, not an adversarial competition with your spouse. You don’t have to agree on everything to begin the process. Your communication coach is trained to help you find solutions to disputes.
  • Control – Because you create the terms and conditions of your divorce, you control all outcomes.
  • Discovery – You will identify issues and prioritize them.
  • Family – Your children’s best interests are a driving force in a collaborative divorce.
  • Privacy – Unlike court-based divorces, the final terms of your divorce will be confidential.
  • Professionalism – You will have confidence that your final document is thorough, detailed, and equitable. It will be written in English rather than “legalese,” so you’ll understand its directives.
  • Time – You and your spouse control the speed of a collaborative divorce. Everything moves at a pace with which you are comfortable. However, you must be willing to give each other the time you need to reach a comfort zone. Nothing will be final until you both say it is.
  • Transparency – You must be willing to “fully disclose” and interact with each other in good faith.

Collaborative Conditions When Utilizing Mediation in Divorce

Not every divorce is a perfect fit for the collaborative process. Some of the conditions that make collaborative divorce a possibility for you include:

  • Ability to trust each other
  • A desire for a divorce agreement customized to your family’s needs
  • The desire to save money and time spent on divorce
  • Complexities in your family’s situation
  • A strong desire to stay out of court
  • Trust in the mediation process
  • Willingness to be honest with each other
  • Willingness to compromise

Mediation in Divorce and How It Helps

Mediation in divorce is one way to improve communications and decision-making between you and your spouse. As part of the collaborative divorce process, your communication coach can save you time and money if you’re struggling to communicate.

A communication coach, as part of your collaborative divorce team, will help you work through your differences and improve the communication between each other. Rather than only involving attorneys in every conversation, you will work with other collaborative divorce professionals including attorneys and a financial-neutral divorce professional, who will be available to review your assets and liabilities..

You Have Divorce Choices

One of the goals of mediation in divorce as part of the collaborative process is to help you focus on the future instead of the past. This is especially true for parents who want to channel their energy toward protecting the best interests of their children.

“When divorcing clients have children together, the goal is to help both parties be the best parents possible as they move into their new lives. Effective communication leads to fewer fights in front of the children and more time to focus on their children’s best interests,” says Family Lawyer Magazine. Collaborative divorce is a great choice for families.

Contact Best Legal Choices to speak with a professional about divorce options available to you and your family. Arizona’s collaborative divorce professionals include attorneys, financial neutral advisors, and communication coaches.