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Differences Between Mediation and Collaborative Divorce

by | May 10, 2020 | Divorce, Mediation

danville mediation

There are differences between mediation and collaborative divorce, but both are voluntary cooperative processes with negotiations finalized through a written agreement. Which approach you take depends entirely on your personal preference and circumstances.

The following overview addresses some key points to help you better understand your decision.  

Benefits of Mediation

Mediation only requires three people to be in the room: your spouse, you, and the mediator; however, some people choose to have their attorneys present during mediation. When attorneys are not involved, these meetings may be more flexible and seem less procedural than involving attorneys in negotiations. Plus, it’s easier to find calendar space with three people, rather than four, not to mention how busy most attorneys are.

Mediation and collaborative divorce are also likely to vary in cost, for obvious reasons. Even if the parties seek outside legal advice, mediation is still more affordable.

Drawbacks to Mediation

However, the biggest downside to mediation is that if it’s not successful in reaching a settlement, you might end up right back where you started, or worse, if the situation becomes contentious.

Mediation also lacks the “discovery” step built into the structure of a collaborative divorce.

If you do hire a consulting attorney during mediation, make sure he or she is also a litigator. It’s best to be more prepared than you (hopefully) need to be.

Benefits of Collaborative Divorce

Collaborative divorce is more efficient and cost-effective than litigation, although both parties still hire attorneys to represent their interests in a four-way negotiation. When weighing the pros and cons of Danville mediation and collaborative divorce, you may realize you want an attorney on your side every step of the way, especially if there are toxic dynamics in your marriage, or your case is complicated.  

Drawbacks to Collaboration

Perhaps the greatest downside to collaboration is you’ll need to find a new attorney if negotiations don’t pan out. This is because everyone involved signed a “no court” agreement, which requires collaborative lawyers to withdraw. It takes more time and money to get a new lawyer up to speed.

Mediation and Collaborative Divorce: Your Unique Situation

Mediation relies heavily on the skills of the mediator to find common ground between two people, while a collaborative divorce is more of a team effort to form solutions. Both have benefits and downsides. Whipple Mercado Law discusses which process is best for your unique situation, please contact our office at (925) 344-5050.

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Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization