What are the advantages/disadvantages for clients, lawyers, and mediators of collaborative law, Collaborative Divorce, and Collaborative Mediation?
Clients What are the benefits to the client of taking a collaborative approach? First, mediation and collaborative law or Collaborative Divorce recognize that when relationships will continue, such as when there are children, the less adversarial the approach, and the more control by the parties themselves, the more likely the settlement will last. Second, collaborative law offers many of the benefits of mediation, but with the additional safeguard of the lawyers’ presence for high-conflict separations. The presence of collaborative lawyers adds an additional element of containment to potentially volatile cases. While aspects of the case — such as the details of a parenting plan, the involvement of extended family, or new partners — may still be worked out with a mediator, many aspects of the case can be negotiated in a four-way meeting between lawyers and clients. Third, if special expertise is needed, such as a pension valuator, a business appraiser, or a counsellor for the parents
