What is the difference between Collaborative Law and mediation?
In mediation, there is one “neutral” third party, the mediator, whose job is to assist the parties to resolve differences and settle their case. The mediator, who may or may not be a lawyer, does not provide individual legal advice to either party, and cannot be an advocate for either of them. Each party has a separate consulting attorney to confer with and obtain advice on his or her separate interests and concerns. The consulting attorneys may or may not be present during the mediation. Collaborative Law was designed to allow clients to have their own lawyers with them throughout the negotiation process. These Collaborative counsel, while representing their respective clients, maintain a commitment to assist in the settlement of the case as their sole agenda. Each client thus has quality legal advice and guidance built in at all times during the process. It is the job of the Collaborative lawyers to work with their own clients and with each another to assure that the process stays ba
In mediation, one “neutral” professional helps disputing parties try to reach an agreement. However, the mediator cannot give legal advice to either marriage partner. Mediators have been active in the collaborative practice movement from the beginning. In fact, most collaborative attorneys in Minnesota are trained mediators. Some members of the Collaborative Law Institute of Minnesota practice mostly mediation, and can be found in the professional profile pages of this website. These mediators recommend collaborative attorneys to their clients, to help their clients find good legal advice. The collaborative attorneys then work in a supportive way, together with the mediator, to help a couple reach agreements in mediation. After the mediation process is completed, the collaborative attorneys then provide whatever services are necessary to help the couple obtain a formal decree of divorce from the court system, based upon the agreements reached in mediation. Many mediators outside of the
In mediation, there is one “neutral” third party, the mediator, whose job is to assist the parties to resolve differences and settle their case. The mediator, who may or may not be a lawyer, does not provide individual legal advice to either party, and cannot be an advocate for either of them. Each party has a separate consulting attorney to confer with and obtain advice on his or her separate interests and concerns. The consulting attorneys may or may not be present during the mediation. Collaborative Law was designed to allow clients to have their own lawyers with them throughout the negotiation process. These Collaborative counsel, while representing their respective clients, maintain a commitment to assist in the settlement of the case as their sole agenda. Each client thus has quality legal advice and guidance built in at all times during the process. It is the job of the Collaborative lawyers to work with their own clients and with each another to assure that the process stays ba
In mediation, there is one “neutral” who helps the disputing parties try to settle their case. The mediator cannot give either party legal advice, and cannot help either side advocate its position. If one side or the other becomes unreasonable or stubborn, or lacks negotiating skill, or is emotionally distraught, the mediation can become unbalanced, and if the mediator tries to deal with the problem, the mediator is often seen by one side or the other as biased, whether or not that is so. If the mediator does not find a way to deal with the problem, the mediation can break down, or the agreement that results can be unfair Collaborative Law was designed to deal more effectively with all these problems, while maintaining the same absolute commitment to settlement as the sole agenda. Each side has quality legal advice and advocacy built in at all times during the process.
In mediation, there is one “neutral” who helps the disputing parties try to settle their case. The mediator cannot give either party legal advice, and cannot help either side advocate its position. If one side or the other becomes unreasonable or stubborn, or lacks negotiating skill, or is emotionally distraught, the mediation can become unbalanced, and if the mediator tries to deal with the problem, the mediator is often seen by one side or the other as biased, whether or not that is so. If the mediator does not find a way to deal with the problem, the mediation can break down, or the agreement that results can be unfair. If there are attorneys for the parties at all, they may not be present at the negotiation and their advice may come too late to be helpful.
