How is “collaborative law” different from mediation or traditional settlements?
Collaborative law is a dispute-resolution alternative in which both parties’ lawyers agree to work together toward a settlement without litigation. Invented by Minnesota matrimonial lawyer Stuart Webb, collaborative law also involves a written agreement stating that both lawyers must withdraw from the case if either party chooses to initiate adversarial court proceedings. Like mediation, collaborative law aims to resolve divorce and other types of disputes through cooperation between both sides – with a much lower financial and time expense. However, one of the primary differences is that the parties themselves negotiate the terms of their own divorce in mediation, under the supervision or guidance of a neutral mediator (often a lawyer or counselor). Each mediating party may hire his or her own lawyer for individual advice. But in collaborative law, each party hires a lawyer that specializes in the collaborative-law alternative, and their lawyers do the negotiating – with their clients
