Divorce 101 with Eric Broder
Mediation: this has become a very popular buzz word and can be overused or used incorrectly. To be the right process for you, both parties have to mutually agree to the divorce; if one is dragging her feet and the other is eager to get it behind you, mediation is not going to work. Both parties should also understand finances and how you spend money. And, there shouldn’t be any major issues about the kids around custody. If you’re not sure you can mediate, DON’T.
Collaboration: To us, this is the baby bear of solutions, not too argumentative, not too conciliatory, but just right. This is like mediation but each party has his/her own legal representation. You don’t go to court, but agree upfront to use this process. The downside is that if it doesn’t work, you have to start over with a different attorney.
Litigation: Does this automatically mean I’m going to trial? Very few actually do—like 2%. But, you will go to court, you will hire a litigator, but 98% of the time you will settle without going to trial. You’ve filed an action and you are within the court system. This can be very costly, and you are ultimately leaving the decision to a man in a black robe.
Spend some time thinking about what process works best for your situation. It will save you so much time and money if you go down the right road. The right process will save you money and time.