Collaborative Divorce and Divorce Mediation in Florida: A Side-By-Side Comparison
Most divorcing couples in Florida are interested in finding a low-conflict, cost-effective solution. Collaborative divorce and mediation are two alternative dispute resolution (ADR) methods that allow spouses in Florida to avoid traditional litigation. While both aim to promote amicable outcomes, they are quite different in their structure and process. Here, our Clearwater collaborative divorce attorney provides a side-by-side comparison of collaborative law and divorce in Florida.
Collaborative Divorce and Divorce Mediation: The Law and the Structure
The structure of collaborative divorce and divorce mediation differ considerably in Florida. Collaborative divorce is governed by the Florida Collaborative Law Process Act. It requires a signed participation agreement and a team approach involving attorneys and, often times, also neutral professionals.
In contrast, divorce mediation in Florida is does not require attorneys. Mediation can involve a single neutral mediator guiding negotiations. While both processes exist to help parties reach a mutually agreeable settlement, collaborative divorce is more structured.
Collaborative Divorce and Divorce Mediation: Emphasis on Out-of-Court Settlement
Both collaborative divorce and mediation prioritize resolving disputes outside of court to reduce adversarial conflict and preserve family relationships. They encourage mutual agreement over contested litigation and are often faster and more cost-effective than trial.
With that being said, collaborative divorce in Florida is expressly designed to keep cases out of court from the outset. On the other hand, divorce mediation is frequently court-ordered and may actually occur after litigation has begun.
Collaborative Divorce and Divorce Mediation: Attorney Role
In collaborative divorce, both parties must retain attorneys who are specially trained in the collaborative process and who agree in writing to withdraw if the process fails (Florida Statutes § 61.57). In contrast, divorce mediation may involve attorneys, but they are not required to withdraw and often advise clients outside of the mediation sessions.
Collaborative Divorce and Divorce Mediation: Non-Binding Nature
A big similarity between collaborative divorce and divorce mediation is that they are both non-binding forms of alternative dispute resolution in Florida. Neither process guarantees a resolution, and either party may withdraw at any time. However, it is important to remember that if collaborative divorce falls through in Florida, the parties must start over with new attorneys.
Collaborative Divorce and Divorce Mediation: Confidentiality
Confidentiality is a core element of both collaborative divorce and mediation under Florida law. Communications in both forums are generally inadmissible in court to promote candid discussions and facilitate settlement. Collaborative divorce confidentiality is codified under Florida Statutes § 61.57. Mediation privacy protections fall under Florida Rule of Civil Procedure 1.720.
Contact Our Clearwater, FL Collaborative Lawyer Today
At the Law Office of Gale H. Moore P.A., our Clearwater collaborative divorce lawyer provides solutions-focused guidance and support to clients. If you have any questions about collaborative divorce, we are here to help. Contact us now for a completely confidential, no commitment initial case review. From our Largo office, we handle collaborative divorce cases in Clearwater and throughout all of Pinellas County.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.57.html
