Why Is Collaborative Divorce So Popular in Georgia?

If you’re approaching a collaborative divorce in Georgia, you might have heard someone mention “collaborative law.” Perhaps a friend or a family member also went through a divorce and recommends this type of alternative dispute resolution (ADR). But why exactly do so many spouses choose collaborative law in Georgia? What makes this approach preferable to other ADR methods? This is a common question, and there are many potential benefits to consider:

The Difference Between Collaborative Law and Mediation 

To understand the popularity of collaborative law, you need to understand how this process is distinct from mediation. Mediation is another form of ADR, and it offers many of the same advantages – including privacy, flexibility, affordability, and speed. However, the key difference between mediation and collaborative law is the role of the “mediator.”

During mediation, a single person guides discussions and tries to steer spouses toward positive outcomes. This individual must be completely unbiased and neutral. If carried out correctly, a mediator can help spouses compromise and agree on certain outcomes. However, no one is truly neutral, and everyone has some degree of subconscious bias.

In contrast, each spouse brings their own lawyer to the negotiation table during collaborative law. These lawyers are not inherently unbiased – and they do not claim to be. They fight for the best interests of their respective clients – but they also try to help everyone avoid going to court.

It Often Helps to Have Someone Fighting in Your Corner

 During collaborative law, a spouse receives direct assistance from their lawyer. It often helps to have someone to turn to during the negotiation process. While a spouse can talk to a mediator about their concerns, this individual isn’t really “on their side.” In fact, they are prohibited from taking sides. On the other hand, a lawyer can help you pursue a deal that matches your unique goals and priorities.

Collaborative Law Often Leads to Less Bitterness and Resentment 

A mediator’s goal is to keep everyone happy. But as many people know, those who try to satisfy everyone usually end up satisfying no one. This often leads to lingering feelings of resentment and bitterness for spouses who navigate the mediation process.

On the other hand, collaborative law may increase the chances of functional, civil relationships between spouses. These relationships could be crucial, especially for those who need to co-parent after divorce. When a lawyer helps you fight for your best interests, you can walk away from the negotiation table feeling satisfied.

Can a Georgia Collaborative Law Attorney Help Me? 

A Georgia collaborative law attorney may be able to help you pursue positive outcomes via collaborative law. This ADR method offers numerous potential benefits, but it may not be suitable for all spouses. To determine whether collaborative law makes sense for you, it’s worth discussing your unique circumstances alongside a lawyer. Continue this discussion at Buckhead Family Law – and get started with an action plan today.

Sources: 

scholarship.law.ufl.edu/cgi/viewcontent.cgi?article=1379&context=jlpp

georgia.gov/file-divorce