What is the difference between Collaborative Practice and Mediation?
In mediation, there is one “neutral” third party who helps the disputing parties try to settle their case. As in Collaborative Practice, mediation also relies on the voluntary and free exchange of information, the pledge not to litigate, and the commitment to resolutions that respect the parties’ shared goals. However, the mediator cannot give either party legal advice, and cannot be an advocate for either side. If there are lawyers for the parties, they may or may not be present at the negotiation. Collaborative Law was designed to allow clients to have their lawyers with them during the negotiation process, while maintaining the same absolute commitment to settlement as the sole agenda. Each client has quality legal advice and advocacy built in at all times during the process. It is the job of the lawyers to work with their own clients and one another to assure that the process stays balanced, positive and productive.
In mediation, an impartial third party (the mediator) facilitates the negotiations of the disputing parties and tries to help them settle their case. A mediator, however, is neutral. As such, the mediator cannot give either party legal advice or be an advocate for either side. If there are lawyers for the parties, they may or may not be present at the mediation sessions. If they are not present, the parties can consult their counsel between mediation sessions. Once an agreement is reached, a draft of the settlement terms is usually prepared by the mediator for review and editing by the parties and counsel. In the Collaborative Law process, clients are able to have their lawyers with them during the negotiation process to provide them “real time” advocacy and advice. At the same time, the lawyers maintain the same fundamental commitment to a settlement that is mutually acceptable to all involved. The lawyers, who have received training similar to the training that mediators receive in i
Most collaborative divorce lawyers and their allied professionals in Illinois are trained in mediation. Many provide mediation services. the mediator cannot give either of you legal advice or be an advocate for either side. If there are lawyers for each of you, generally the medator is not present during the mediation sessions, but you can consult them between mediation sessions. In Illinois it is generally considered unethical for a mediator to draft the documents necessary for a couple to obtain a divorce. A Collaborative Divorce allows you both to have lawyers present during the negotiation process to keep settlement as the top priority. The lawyers, whose training is similar to mediators, work with their clients and one another to assure a balanced process that’s positive and productive. When there is agreement, a document is drafted by the lawyers, and reviewed and edited by you both until everyone is satisfied. Your choice of mediation or Collaborative Dractice should be made wit
In mediation, an impartial third party (the mediator) facilitates the negotiations of the disputing parties and tries to help them settle their case. However, the mediator cannot give either party legal advice, and cannot be an advocate for either side. If there are lawyers for the parties, they may or may not be present at the mediation sessions, but if they are not present, the parties can consult their counsel between mediation sessions. Once an agreement is reached, a draft of the settlement terms is usually prepared by the mediator for review and editing by the parties and counsel. Collaborative Law was designed to allow clients to have their lawyers with them during the negotiation process, while maintaining the same commitment to settlement as the sole agenda. It is the job of the lawyers, who have received training similar to the training that mediators receive in interest-based negotiation, to work with their own clients and one another to assure that the process stays balance
A. In mediation, an impartial third party (the mediator) facilitates the negotiations of the disputing parties and tries to help them settle their case. However, the mediator cannot give either party legal advice, and cannot be an advocate for either side. If there are lawyers for the parties, they may or may not be present at the mediation sessions, but if they are not present, the parties can consult their counsel between mediation sessions. Once an agreement is reached, a draft of the settlement terms is usually prepared by the mediator for review and editing by the parties and counsel. Collaborative Law, on the other hand, was designed to allow clients to have their attorneys with them during the negotiation process, maintaining the same commitment to settlement as the sole agenda. It is the job of the attorneys, who have received training similar to the training that mediators receive in interest-based negotiation, to work with their own clients and one another to assure that the
