Distinguishing Collaborative Divorce, Cooperative Divorce, and Pre-Suit Divorce Mediation in Tampa Bay, Florida

Attorney/Mediator Beth Reineke

When exploring alternative approaches to divorce in Tampa Bay, Florida, it’s crucial to understand the nuanced differences between the various forms of ADR – Collaborative Divorce, Cooperative Divorce, and Pre-Suit Divorce Mediation. As an experienced family law attorney and mediator, Attorney Reineke regularly assists clients in navigating these options, each offering a unique path to amicable dispute resolution.

Collaborative Divorce:  Collaborative Divorce is the most structured litigation alternative, which typically means it is the most expensive litigation alternative.

1. Team-Based Approach: In collaborative divorce, a team of professionals, including attorneys, financial experts, and mental health professionals, work with the parties to address various aspects of their divorce.
2. Commitment to Avoid Litigation: Both parties commit to resolving disputes outside of court. A formal Participation Agreement is signed by the parties and their attorneys.  If the collaborative process breaks down, attorneys must withdraw, and new legal representation is hired to litigate the case for the parties.
3. Structured Negotiation Meetings: Joint sessions with both parties and their collaborative professionals are conducted in a formalized setting. Formal agendas are generated and followed. After each session the professionals debrief, and then prepare written minutes of the meeting which are circulated between the professionals for comment before being finalized.
4. Emphasis on Transparency: Full disclosure of information is a foundational principle, creating an environment of trust and collaboration.

Cooperative Divorce: A Cooperative Divorce is less formal than a Collaborative Divorce, but the parties are typically represented by attorneys throughout the process, which directly impacts the cost of the process.

1. Individual Attorney Representation: Typically, in a cooperative divorce, each party retains their own attorney. A neutral facilitator may or may not be retained to assist with negotiations.
2. Commitment to Amicable Resolution: While a formal Participation Agreement is not signed, there is an overall commitment between the parties and their attorneys to reach a resolution without litigation, emphasizing a cooperative and constructive negotiation process.
3. Flexible Negotiation Format: Cooperative Divorce is more flexible than Collaborative Divorce, allowing the parties to shape the process according to their preferences and that of their attorneys.
4. Withdrawal Not Required. Unlike Collaborative Divorce, if a settlement cannot be reached the attorneys for the parties do not have to withdraw and new attorneys do not have to be hired to litigate the case for the parties. In some cases, this is seen as a disincentive to settle.

Pre-Suit Divorce Mediation: Pre-suit Divorce Mediation is the least expensive and typically the fastest alternative to litigation. The parties may have consulted with attorneys and may have attorneys review agreements once they are drafted, but hourly-rate attorneys are typically not involved in every step of the process.

1. Neutral Mediator: Pre-suit divorce mediation involves a neutral mediator facilitating discussions between the parties; typically, without the presence of individual attorneys during the mediation sessions.
2. Pre-Litigation Stage: Pre-suit mediation occurs before any formal legal action is taken, providing an opportunity for couples to resolve their issues proactively, potentially saving time, reducing costs, and streamlining the court process. This saves time and money.
3. Voluntary Participation: Participation in pre-suit mediation is voluntary, allowing couples to choose this alternative as a proactive step toward resolving disputes amicably. If a settlement is not reached, the parties are free to formally hire attorneys to litigate their case.
4. Encourages Ownership of the Process: Pre-suit Divorce Mediation allows greater flexibility for the parties to actively participate in shaping the terms of their agreement, fostering a greater sense of ownership over the outcome. This in turn encourages the parties to adhere to the terms of their agreement in the present and in the future.

Understanding these distinctions between the various forms of alternatives to divorce litigation empowers couples in Tampa Bay to make informed decisions based on their unique circumstances, preferences, and goals for an amicable resolution to their divorce.