Divorce Models

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	Collaboration	Mediation	Litigation
Lawyers	Both parties must have specially trained lawyers who provide legal advice and work collaboratively towards a settlement. There is no mediator. If the Collaborative Divorce process terminates, neither party may use the lawyer who represented them during the collaborative process in a litigated divorce. This insures that the attorneys are limited to resolution only, enabling them to focus on solutions.	Mediator is an independent third party, who often is, but is not required to be a lawyer. The mediator facilitates the parties in reaching settlement, but does not represent either side. The mediator does not give legal advice. Parties are each encouraged to hire their own lawyer to advise them during the mediation process.	Ethically lawyers are required to zealously advocate their client’s position under the rules of the adversary system.
Other Professionals	Lawyers call upon joint experts as needed: financial, such as accountant, pension, business valuation, tax or mortgage; divorce coach; child specialist; and other experts if required.	Minimal opportunity to call in other professionals.	Separate experts hired for each party to support the litigants’ positions.
Training	Lawyers and other professionals extensively trained as mediators and additionally trained in the Collaborative Divorce process.	Mediators trained to be neutrals, to identify the issues and to find a solution agreeable to both parties.	Judges not extensively trained in settling cases.
The Process	Both parties and their lawyers sign a participation agreement to respect the other party, to be open and candid in all discussions, and to provide full financial disclosure.	Mutual respect and full financial disclosure are also hallmarks of the mediation process.	Court system is adversarial. Each party has a lawyer who must vigorously advocate the client’s position. The dispute is a matter of public record.
Timetable	The parties create the timetable with their lawyers.	The parties create the timetable with the mediator.	Judge and Court Rules mandate timetables. Delays frequent in an often over-crowded system.
Who Controls The Process	The parties.	The parties.	Judge and Court Rules establish deadline dates.
Costs	Manageable and far more cost effective than litigation, especially when joint experts are utilized.	Highly cost effective, especially if the parties have agreed on some issues and are amenable to settlement.	Costs for legal fees and separate experts quickly escalate and are unpredictable.