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How Does Mediation Differ from Collaborative Divorce?

If you’ve reviewed the mediation and collaborative law sections of our website, you might be wondering how collaborative law differs from mediation. While many times the outcome of collaborative divorce and mediation are the same, there are several key differences. Unlike collaborative divorce, mediation is a process in which the parties work with a professional neutral facilitator to assist in your negotiations. In a collaborative divorce, your lawyers assist in your negotiation without the presence of a professional neutral or mediator.

Mediation, a proven and fruitful process, can take place either with or without your attorney. In fact, mediation can take place with all the parties together, or the individual parties in separate rooms, with the mediator acting as a go between. Each form of mediation has its own advantages and disadvantages, and both methods have been successful for most divorcing couples. In the collaborative process, your attorney is always with you in negotiations. Collaborative divorce is structured from an interest-based perspective, and sometimes the bargaining “chips” employed in mediation can be more position-based. In collaborative law divorces, problems are discussed, options are found, negotiations are held and solutions are found together in an open environment.

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.


John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

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