Mediation Compared to Collaborative Divorce

There has been a growing recognition over the past few decades that courtroom divorce, an adversarial process that pits husband against wife, is a dreadful and harmful method to resolve family disputes.  As a result, the Florida Supreme Court, like many other judicial bodies, declared that family matters needed “a system that provided nonadversarial alternatives and flexibility of alternatives; a system that preserved rather than destroyed family relationships;…and a system that facilitated the process chosen by the parties.”  In re Report of the Family Law Steering Committee, 794 So. 2d 518, 523 (Fla. 2001). Two alternatives that have developed to fill this space are mediation and collaborative divorce.  As collaborative divorce is a relatively new option, and there exists much confusion – even among experienced family law practitioners – about the differences between these two methods of dispute resolution, this article looks to…

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