What is the difference between Collaborative Practice and Mediation?
In Collaborative Practice you have your lawyer with you throughout the four-way meeting to advise you and support you throughout the negotiation process. Your partner’s lawyer is also present. Mediation involves a neutral third party who facilitates the discussion between you and your partner. The mediator does not give legal advice.
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 solicitors 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.
