Mediation vs Collaborative Divorce: Which Option is Right for Me in Mississippi?

You may have heard that it’s a good idea to avoid a litigated divorce in Mississippi if at all possible. This is definitely true, and although some spouses are forced to take their disputes to the courtroom, there are many spouses who can experience serious benefits by choosing either mediation or collaborative divorce. These two options allow spouses to work out their differences behind closed doors in a private, affordable, and expedited manner. But which option is best for you in Mississippi? Let’s find out:

When You Might Want to Choose Mediation

Mediation might be a positive choice if you like the idea of having an impartial third party leading your negotiations. This third party — called a mediator — can act like a “referee” of sorts, ensuring that everything occurs in a fair manner. These mediators receive special training to identify and eliminate their own biases, ensuring (at least in theory) a very impartial approach that serves both parties’ best interests.

When You Might Want to Choose Collaborative Law

Collaborative law might be a better option if you like the idea of having a trusted confidante to turn to for advice and guidance. When you choose collaborative law, each spouse has their own attorney. Both of these attorneys can work with each other while simultaneously fighting for their clients’ best interests.

Like mediators, collaborative attorneys are trained to resolve conflicts in a very cooperative, civilized manner. They understand that being stubborn and combative is almost never productive, and they can encourage spouses to make compromises. Unlike mediators, collaborative law attorneys are trained lawyers. That being said, they cannot continue to represent you if the negotiations fall through and you are forced to pursue a litigated divorce

Both Options Are Quite Similar

For all their differences, mediation and collaborative law probably have more similarities than differences. Both options represent a much cheaper, quicker, and less stressful way to end a marriage. They also offer higher levels of privacy, since negotiations take place behind closed doors and off the public record.

Some might argue that collaborative law and mediation are easier on the children, especially due to their speed and the fact that the young ones witness parents working together instead of fighting it out in court. Finally, both options offer you and your spouse more control over the final outcome. In contrast, a litigated divorce forces you to put your family’s future in the hands of a judge who has often spent only a few minutes reviewing your case before the trial begins.

Finally, both options can only move forward with the consent of both spouses. If one spouse insists on taking matters to a trial, there is nothing the other spouse can do about it. Both parties have to be willing to work out their differences in a more civilized manner.

Book a Consultation with a Mississippi Divorce Lawyer

The best way to get the advice you need based on your specific circumstances is by booking a consultation with a qualified divorce attorney in Mississippi. Choose Ballard Law, PLLC, and you can learn more about both mediation and collaborative law before choosing the best option. During your consultation, we can discuss your unique needs and goals before recommending the right path forward.

Sources

1. https://en.wikipedia.org/wiki/Collaborative_law
2. https://www.pon.harvard.edu/daily/mediation/dispute-resolution-how-mediation-unfolds/

Ballard Law, PLLC

108 S President St.
Jackson, MS 39201
(769) 572-5111

If you have further questions about this article or legal concerns, call 800-672-3103