Choosing Your Divorce Process: Litigation, Mediation, or Collaborative

Choosing Your Divorce Process: Litigation, Mediation, or Collaborative

May 28, 2026 · 17 min · Season 6 · Episode 4

About this episode

Andrea Vacca discusses the importance of choosing the right divorce process and the implications of each option.

One of the earliest decisions in any divorce is also one of the least examined. Andrea Vacca opens this episode with a hard truth: most people don't actually choose a divorce process. They default to one based on fear, a friend's horror story, or whichever attorney they happened to meet first. The result is a mismatch between the path and the family, and that mismatch is where unnecessary conflict, expense, and emotional damage tend to grow. In this solo episode, Andrea walks through the three primary divorce processes available to New York couples and lays out who each one is actually designed for. Litigation, she explains, exists for a reason and can be the right structure when safety is at risk, when a spouse refuses to disclose finances, or when good-faith negotiation is impossible. Mediation, by contrast, depends heavily on balance of power, transparency, and the ability to compromise, and it can quietly stall when one party uses delay as strategy. Collaborative divorce, the third option, brings each spouse a collaboratively trained attorney plus a neutral mental health professional and a neutral financial expert, all committed in writing to resolving the case outside of…

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