Skip to Content
Litigation. Collaborative Law. Mediation.

What’s The Difference: Mediation and Collaborative Divorce?

mediation team

If you choose to amicably split in your divorce, you may hear the terms “mediation” and “collaborative divorce” float around. While it may seem like they could be used interchangeably, mediation and collaborative divorce are quite different processes that may be used when a couple can communicate effectively and work together during their divorce.


While a collaborative divorce and mediation do share the general goal of working together to dissolve your marriage, they are not the same thing. Mediation is often used as a tool during a collaborative divorce to ensure that couples are working together earnestly to finalize divorce details.

Collaborative Divorce

A collaborative divorce is when a divorcing couple in good faith makes the joint agreement to equitably dissolve their marriage without court involvement. Both parties will have their own representation and the two legal teams will guide the couple through the decision-making process. If necessary, the divorcing couple can consult third-party experts, such as child psychologists or accountants, or attend mediation conferences if they need help when working towards a peaceful dissolution of marriage.


Mediation is a process in which divorcing couples can meet with a neutral third party to discuss issues in their divorce and create agreements that benefit both parties. In mediation, each party may have their representation with them to inform them of their rights and help them review their agreements made.

When Used Together

Some divorcing couples undergoing a collaborative divorce may understand that they need an outside expert who can help facilitate discussions and begin the mediation process to resolve the last or most difficult issues in their divorce. Overall, couples who undergo collaborative divorces and utilize mediation find they have more flexibility when creating divorce agreements and their agreements better reflect their family’s values. These decisions can keep couples out of the courtroom and their divorce matters confidential.


If you choose a split from your spouse where you both can communicate effectively, working together can benefit both parties. Our collaborative divorce attorneys at Berkman Bottger Newman & Schein can help you determine if collaborative divorce with the option of mediation involvement would be beneficial for your upcoming split.

Schedule a consultation with our team today by calling us at (212) 466-6015 or through using our online contact form.