Choosing between mediation and collaborative law for your divorce in Missouri depends on your specific circumstances and preferences. Here are some factors to consider for each option:
Mediation
Pros:
- Cost-Effective: Generally, mediation is less expensive than going to court or hiring collaborative lawyers.
- Control: Both parties have more control over the outcome, as they work together to reach an agreement.
- Confidential: Mediation is a private process, unlike court proceedings which are public.
- Less Adversarial: It promotes a more amicable resolution, which can be beneficial if children are involved.
- Flexibility: Sessions can be scheduled at convenient times for both parties.
Cons:
- Imbalance of Power: If one party is more dominant, it can lead to an unfair agreement.
- No Legal Advice: Mediators cannot provide legal advice to either party, which might lead to uninformed decisions.
- Non-Binding: If mediation fails, you might have to start over with litigation or another method.
Collaborative Law
Pros:
- Legal Support: Each party has a lawyer who provides legal advice throughout the process.
- Cooperative Approach: Both parties and their lawyers commit to resolving issues without going to court.
- Customized Solutions: Collaborative law allows for creative, personalized solutions that might not be possible in court.
- Focus on Interests: The process often focuses on the underlying interests of both parties, rather than their positions.
Cons:
- Cost: It can be more expensive than mediation due to the involvement of multiple professionals.
- Time-Consuming: The process can take longer, especially if there are many issues to resolve.
- Risk of Litigation: If the collaborative process fails, you need to hire new lawyers for litigation, which can increase costs and prolong the process.
Considerations
- Complexity of Issues: If your divorce involves complex financial matters or significant disputes over custody, collaborative law might be more suitable.
- Relationship Dynamics: If you and your spouse can communicate effectively and are willing to work together, mediation could be a good option.
- Legal Guidance: If you feel the need for continuous legal support, collaborative law may be more appropriate.
- Budget: Consider your financial situation and how much you are willing to spend on the divorce process.
Steps to Take
- Consult with Professionals: Speak with both mediators and collaborative law attorneys to get a sense of what each process would look like for your specific situation.
- Assess Your Priorities: Determine what is most important for you in the divorce process (e.g., cost, time, legal support).
- Discuss with Your Spouse: If possible, discuss the options with your spouse to see if there is mutual agreement on the preferred method.
Both mediation and collaborative law aim to provide a more amicable and personalized divorce process compared to traditional litigation. Weighing the pros and cons of each, in the context of your unique situation, will help you make an informed decision.
At Raza Family Law Solutions, we practice family law effectively guiding clients through prenuptial and post nuptial agreements, dissolution of marriage, modifications of prior judgments, and resolving child custody disputes. We also help families take a different approach to divorce with mediation and collaborative work. Contact us for a consultation at (314) 408-5957.
