Sacramento, CA family law attorney Mary Molinaro talks about how mediation works in divorce cases. Mediation involves a neutral attorney who does not represent either party but instead facilitates an agreement to resolve all issues, similar to collaborative law. The end result is a marital settlement agreement that addresses custody, child and spousal support, and property division.

The primary distinction between mediation and collaborative law is that the mediator does not represent either party. Their role is not to help the parties determine what is in their best interest or to analyze and explore choices based on the parties’ interests. Instead, the mediator focuses on reaching an agreement between the parties.

Many individuals prefer the collaborative approach because it allows for deeper discussions and empowers the parties by providing support. Each party has their own attorney and may also have access to a mental health professional who can assist in identifying what they truly want and why. This collaborative process aims to develop solutions that work for both parties, whereas mediation seeks to create an agreement without delving into that level of depth.

Overall, collaborative law tends to offer greater satisfaction than mediation, but mediation is often quicker and less expensive compared to other models.