Considering a divorce? If you're exploring your options, you've probably read about divorce mediation and collaborative divorce. While these nonadversarial processes have much in common, there are key differences you should be aware of when contemplating which process would be best for your family.

Divorce mediation is a process where a couple works with a mediator to try to reach a divorce agreement in a more informal and confidential setting, and without the involvement of the court system. In a divorce mediation, the mediator, a neutral third party, will meet with the spouses and facilitate the discussions necessary to come to agreement on issues related to their family. A mediator is not a judge and does not have the power to “decide” issues. Also, if your mediator is an attorney, he or she cannot provide legal advice, although judicial norms will be discussed and each spouse is encouraged to have independent review counsel. The mediator works with the parties to try to facilitate a resolution that best meets each spouses’ goals. Prior to commencing the mediation process, the parties sign a consent to mediate agreement which outlines the guidelines and framework for the process.

In a collaborative divorce process, the parties will work to try to reach an acceptable divorce agreement, but through a negotiation process that involves both parties and their respective collaboratively trained attorneys. The parties and their counsel will then meet to discuss and negotiate the details of a divorce agreement in a collaborative manner. Like mediation, full transparency and good faith are required for an effective process. Collaborative divorce may be considered when there are complicated legal or financial issues in a divorce, or where one party feels there is a power imbalance in the relationship that makes having an attorney in every meeting important.

Everyone on the collaborative team signs a participation agreement. The participation agreement in a collaborative divorce process is a crucial document that outlines the guidelines, expectations and responsibilities of all parties involved. It emphasizes voluntary participation, full disclosure of information, confidentiality, professionalism and respect. It may also address the engagement of neutral experts and specify conditions for termination. This agreement creates a cooperative environment for negotiation and helps ensure a fair and efficient resolution of the divorce.

To best evaluate which non-adversarial approach is most appropriate for your situation, you should consider consulting with a Connecticut divorce attorney who can advise you about both processes, evaluate how they might apply to your marriage and make recommendations about how to proceed. 

At the Divorce Mediation Center of Fairfield County, LLC, our family law attorneys frequently utilize both divorce mediation and collaborative divorce processes for our clients and can provide experienced guidance in both settings. If you have questions about your divorce, please call our Westport office at or contact us online anytime.