Difference Between Collaborative Practice & Mediation

What’s the Difference?

Mediation

One neutral professional helps you talk things through.
You and your spouse meet with a mediator, who helps you communicate and find common ground.
The mediator does not take sides and cannot give legal advice.
Once you reach an agreement, you each take it to your own lawyers to get legal advice and turn it into a formal separation agreement.

Best for

Couples who are on relatively good terms
People who feel comfortable speaking up for themselves
Simpler situations with fewer emotional or financial complications

Pros

Often quicker and less expensive
Neutral and non-adversarial
Encourages cooperation

Considerations

No legal advice during the process
Not ideal if there’s a power imbalance
If negotiations break down, you may still end up in court

Collaborative Practice

You each have your own lawyer, but everyone agrees to stay out of court.
You, your spouse, and your lawyers sign a Participation Agreement committing to resolve everything outside of court.
You get legal advice throughout the process, in real time, with your lawyer at your side.
A Family Coach helps with emotional and communication issues, and a Financial Specialist assists with financial matters, both neutral and shared by both parties.
If either of you chooses to go to court, the entire team must step aside, and new lawyers must be hired.

Best for

Couples with children
Complex emotional or financial issues
People who want more support through the process

Pros

Full legal guidance throughout
More support for emotional and financial matters
Designed to preserve relationships and co-parenting dynamics
Focuses on long-term solutions, not just legal rights

Considerations

Involves more professionals upfront, so it may seem more expensive, but often saves money in the long run
Requires commitment from both parties to resolve things collaboratively

Which One Is Right for You?

If you and your spouse can communicate well and don’t need legal guidance during negotiations, mediation might be a good fit.

If you want more support, need legal advice along the way, or have more complex emotional or financial matters to sort out, Collaborative Practice could be the better choice.

Still unsure?

We can help you decide which option makes the most sense for your situation.
Reach out to speak with one of our experienced family lawyers, we’re here to guide you every step of the way.