August 2, 2013 By Paul Wallin

If you are going through a divorce, you and your spouse have options for how to deal with the complex issues of your divorce. Two of the most popular options that couples choose are divorce mediation and collaborative divorce. Couples are choosing these options over the traditional litigated divorce, as they typically can result in a settlement in less time, and cost considerably less than litigating your divorce.

How do you know whether divorce mediation or collaborative divorce is right in your situation? To answer this question, you must fully understand the similarities and differences between these two options. An experienced Orange County divorce mediation attorney at Wallin & Klarich can explain these options to you, and help you decide which option best suits your needs.

What Is Divorce Mediation?

Divorce mediation in Orange County is a means in which to bypass the lengthy and expensive process of letting a court decide your family law issues at trial. In divorce mediation, the parties to the divorce agree to allow a neutral mediator to assist them in coming to an agreement with regards to all issues in the divorce case. The parties also agree to an open, free, and voluntary exchange of information, and are encouraged to communicate what is important to them, so that a settlement can be reached without litigation.

While the neutral mediator does not have to be an attorney, hiring an Orange County family law lawyer with experience in mediating cases can be beneficial in protecting your rights and ensuring that the mediation process goes as smoothly as possible. An experienced Orange County divorce attorney can also assist in resolving any problems between you and your former spouse that may arise during the mediation process.

Contrast: Collaborative Divorce From Divorce Mediation

Collaborative divorce is also a means to negotiate a settlement in your divorce case. While the goals of collaborative divorce are the same as divorce mediation, the manner in which the goals are achieved are very different. The key differences between collaborative divorce and divorce mediation are as follows:

  1. In collaborative divorce, each party is represented by the same attorney, or team of attorneys. Much like the neutral mediator in divorce mediation in Orange County, the team of attorneys evaluates the issues of the divorce and assists the parties in reaching a settlement on all issues.
  2. Like with divorce mediation, each party can hire an independent attorney to provide them with legal advice, however, if the negotiations break down, all professionals involved, including the independent attorneys, must withdraw from the case, and the parties will have to retain new counsel to litigate the issues. With divorce mediation, if a party hires an independent attorney, that attorney may still represent them in the litigation of the divorce.
  3. With collaborative divorce, each party may hire their own experts, or team of experts to give their opinions and help evaluate the issues of the divorce. These experts will also have to withdraw from the case if the negotiations break down.

There are several advantages and disadvantages to choosing collaborative divorce over divorce mediation in Orange County. In order to help you better understand these options; it is important that you speak with an experienced Orange County divorce attorney.

Speak With A Southern California Divorce Attorney

Whether you want to engage in divorce mediation, choose collaborative divorce, or have to litigate your divorce issues, the Orange County divorce lawyers at Wallin & Klarich have been representing clients in divorces for over 30 years, and know what it takes to achieve the best possible result in your case.

With offices located in Orange County, Los Angeles, San Diego, Riverside, Torrance, West Covina, Sherman Oaks, Victorville, San Bernardino, and Ventura, Wallin & Klarich will always be available to you wherever you happen to live. To speak with a Wallin & Klarich divorce attorney today, please call 888-749-7428. We will be there when you call.

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