How does Mediation differ from other methods of dispute resolution?
In the traditional legal approach, the parties retain attorneys whose focus is to prepare a picture of “reality” which will result in the best decision for their client by a judge. Often, this method includes denigrating the other party or his/her perception of reality. Trial is often compared to a battle, in which the best side “wins.” In some circumstances, litigation is the only option. For example, if the other party consistently hides information or is abusive, the formal procedures utilized in litigation may be the tools necessary to obtain an acceptable solution. In the Collaborative Practice approach, the parties retain collaborative attorneys whose job is to assist them in reaching a mutually agreeable resolution. The parties and attorneys agree to work respectfully and in good faith to gather all information needed to reach an agreement. The parties and attorneys agree that they will not go to court during the time they are working towards settlement. If they are unable to re
