Aerial drone shot of a residential neighborhood and community pond in Texas.

Pearland Legal Blog

Family Law & Estate Planning Attorney

When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

Get In Touch With Us Today

September 19, 2019

|

On behalf of The Powell Law Firm

| Family Law

What is the Difference Between Collaboration and Mediation?

Collaboration and mediation are two ways to get divorced. Couples should know the differences so they can make the choice that is right for them.

Collaboration and mediation are methods for divorce that are becoming more popular today. Both of these approaches focus on bringing the couple to an amicable and respectful agreement without the need for litigation. While the two are very similar, they do have their differences. It is important that divorcing couples understand what these differences are so they can choose the method of dispute resolution that is right for them.

The Mediator

Perhaps the biggest difference between collaboration and mediation is that in the latter, there is a mediator present. A mediator works to bring the couple into an agreement on the terms of the divorce. They will consider the best interests of both parties, consider what is fair, and make recommendations. However, they do not make any final decisions about the divorce. They are simply there to ensure the proceedings are civil, and to help the couple come to a decision on the terms of the divorce. A mediator may or may not be an attorney, but they do not provide legal advice. There is no mediator present during collaboration.

The Attorneys

While divorcing couples going through mediation can consult with their attorney between sessions, lawyers are typically not present during the actual mediation. Usually, these sessions consist only of the two spouses wishing to divorce and the mediator. On the other hand, in collaboration, attorneys are present. The attorneys for each side will argue their case, try to get terms favorable for their clients, and provide legal advice throughout the proceedings.

The Withdrawal of Attorneys

In mediation, each spouse is allowed to have an attorney and consult with him or her when needed. This is also allowed in collaboration. One of the biggest differences between these two types of dispute resolution, though, is what happens when no agreement can be reached. Couples going through mediation may wish to move to collaboration or litigation. When they do so, they can continue with the same attorney with whom they have been working. If an agreement cannot be reached in collaboration, however, the attorneys representing the spouses must withdraw from the case. The spouses must then start over and retain new counsel.

The Experts

Again, mediation typically only consists of the mediator and the two spouses. Collaboration involves not only the two spouses and their attorneys, but also experts. These experts can advise on topics such as child development, mental health, physical health, and more. These experts are intended to shed light on issues such as child development, and whether one parent has the mental or physical capacity to provide a child with his or her daily needs. The experts used in collaboration will depend on the issues of the case.

Need Help with Your Divorce? Contact Our Texas Divorce Attorney

Regardless of the type of divorce you choose to proceed with, you need the help of our Pearland divorce attorney. At The Powell Law Firm, we are dedicated to helping divorces proceed quickly and smoothly for the sake of our clients. We know how difficult divorce is, and we just want to make it easier. Call us today at 832-850-6095 or contact us one to schedule a meeting with an attorney.

Get In Touch With Us Today
Request a Consultation

To schedule a meeting with an attorney, please call 832-850-6095 or complete this contact form. We’ll be in touch with you as soon as possible.

Fields marked with an asterisk (*) are required.

Disclaimer

What Our Clients
Have To Say

  • “I wanted to take the time to thank you [John Powell III] for helping me through a tough time in my life. Your guidance and voice of reason really helped me more than you will ever know. I had a previous attorney that I felt could have really cared less about me or the situation. Once on board with you, I felt an immediate difference and I was thankful for your quick response. I could not have finished this process without you and I am glad you were able to have so much hands on time with me. Again, thank you for everything you did for me and my son!”

    (S.R.)

  • “John Powell III was very helpful through the entire process of my divorce which involved a custody fight over my 3-year-old daughter. Mr. Powell has a strong working rapport with the Brazoria County family court. He was very patient, walking me through every step, knowing what to expect from my wife's attorney. We were ultimately successful and I would highly recommend him. As for my daughter, she is doing great. She has advanced to the preschool 2 class early, she is now 3.5 and now goes to school with the 4-5 year old's. Her emotional and behavioral issues have disappeared. Thanks to Mr. Powell's hard work my daughter will have a great chance at life.”

    (K.K.)

  • “Just wanted to say thanks for handling my post-divorce property division issue in a timely and professional manner. Especially your attention to detail and some quick-witted humor as well. Your firm was referred to us by a friend which can always be somewhat awkward but you made us feel at ease through the entire process. I would not hesitate to recommend your firm to anyone if the need arises.”

    (J.B.)

  • “Dear Mr. Powell: I want to thank you for your great service and express my gratitude. I am extremely pleased how everything was handled and I have the highest possible opinion about your professionalism, the quality of your service and your attitude toward me as a client. Thank you again, best regards.”

    (M.K.S.)

  • “I had what I learned was not your stereotypical divorce case. John Powell III was extremely understanding of the situation and worked with myself and my former spouse to navigate the legal pitfalls in our, and our children's case. Everything was resolved amicably and with minimal impact to our family. Without Mr. Powell's assistance I do not know that we would have gotten to such a positive place.”

    (A.W.)

  • “John Powell III is a compassionate and thorough attorney. My case was a complex custody issue that required work in two wide-spread counties. Mr. Powell was able to efficiently overcome this added challenge. He is patient and clear in explaining concepts of the law. Even after the case was closed, Mr. Powell was available to explain the final judgment and to help ensure we were following the Judge's intent. It is very comforting to know that if additional issues arise he is there to act as my advocate.”

    (R.T.)

READ MORE TESTIMONIALS