The role of mediation in a collaborative divorce

In music, an artistic collaboration may bring together artists of different styles, genres or even generations. In literature, a collaborative work may put on display the writing talents of authors across different literary realms. Collaboration, therefore, has to do with bringing together elements that may not be completely alike or in synch.

Similarly, Massachusetts residents can now seek to end their marriages in a collaborative way. It can make sense for the right couple: when a couple decides that it is time to separate it is highly likely that the partners to the failing relationship are starting to experience differences between them. In a collaborative divorce, those differences are acknowledged and solutions to conflict are actively sought out.

The collaborative approach to ending a marriage is not for everyone. Generally, couples who have few disputes do better in the process than couples who battle over every small decision that must be made. In essence, a collaborative divorce allows otherwise agreeable partners to work through the ends of their marriages without the court’s interference.

From time to time, however, a collaborative divorce hits a point of contention through which it simply cannot proceed. Rather than going to court to settle the dispute, the divorcing parties and their legal representatives can utilize the services of a mediator. Previous posts on this blog have discussed the role of mediation in divorce; though a mediator does not advocate for one party or resolution, he or she can talk parties through their options for finding peace on a point of contention.

Collaborative law extends to the family law world through collaborative divorce. The process allows couples to talk through issues and find harmony to their conflicts outside of a courtroom. While accord is generally found in a collaborative divorce, couples can settle their differences in the process through the utilization of mediation.

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