Overview of Mediation and Collaborative Law

Mediation and collaborative law are types of alternative dispute resolution (ADR). A neutral third-party mediator or specially trained attorney helps the parties resolve their disputes without the cost and adversity of the court process.

Out-of-court settlements focus on cooperation and facilitate negotiation. Mediation also ensures confidentiality. Any type of legal dispute can go through mediation and collaboration but it is most common in family law cases.

To understand your ADR options in a family court case, talk to a mediation and collaborative lawyer.

What Are Mediation and Collaborative Law?

The standard courtroom process is adversarial. Parties fight against each other and a judge or jury makes a final decision. This is not always the best way to resolve legal disputes, especially when the parties have to continue living or working together after the dispute.

For example, divorcing couples with children will have to continue co-parenting after settling their divorce. Divorce litigation can create tension that makes it more difficult for the parents to communicate and cooperate in the future.

Alternative dispute resolution (ADR) provides another option. Parties can often resolve their disputes more quickly through ADR than by going to court. ADR also offers greater confidentiality since courtroom litigation is generally part of the public record.

Find top Mediation & Collaborative Law lawyers easily

Connect with a qualified attorney today.

Find a lawyer today

How Does Mediation Work?

In mediation, a neutral third-party mediator helps the parties talk through the issues, identify solutions, and come to a settlement agreement. Mediation also encourages continuing cooperation as opposed to the traditional litigation process. Rather than a judge or jury deciding what will happen, the parties come up with their own solution that works best for them.

Many family courts have mandatory mediation for families, especially for child custody and visitation disputes. The court may require one or more mediation sessions before it will hear a custody case. However, the court may waive divorce mediation if there is a history of domestic violence or child abuse.

What To Expect in Collaborative Law

Collaborative family law is a relatively new approach to divorce and family disputes. Each spouse has their own attorney, but the idea is that the separating spouses will work together to settle their divorce.

Spouses, children, and their families can benefit from the collaborative divorce process. Couples can resolve issues of property division, spousal support/alimony, and child support through compromise. After coming to a divorce settlement agreement, they can have the family court approve the order.

Key Differences Between Mediation and Collaboration

Mediation and collaborative divorce both rely on the parties to come to a solution instead of leaving it up to the court. However, there are differences. Mediation generally does not require legal counsel. The neutral mediator facilitates discussions with the parties to come up with their own solutions.

Collaborative law often includes legal representation, but the lawyers are part of the collaborative process. If the case does eventually go to family court, the collaborative law attorneys will resign from representing the individuals. This gives everyone, including the attorneys, motivation to resolve the issues collaboratively instead of as an adversary.

Benefits of Resolving Disputes Out of Court

Most types of ADR are less expensive and less time-consuming than litigation. Out-of-court dispute resolution is also more flexible and informal. The parties are not bound by court rules, family court laws, and standard legal remedies. Mediation and the collaborative law process are also private. Anything the parties say during the dispute resolution process is confidential.

However, mediation and collaboration are not always the best options, even in child custody disputes. If you believe there is uneven negotiating power in your relationship, you may not get what you need out of the divorce. If there is a lot at stake in your divorce, you may prefer to use a traditional divorce attorney for legal advice about your options.

Finding the Right Professional for Your Needs

When you get along with your ex and don’t want to sour your relationship, mediation and collaborative law are good options to explore. If you have children and need to maintain a good relationship with the other parent for the good of the children, alternative dispute resolution can help avoid a separation turning ugly.

Collaborative law and mediation can help you resolve your family law matters more quickly and for less money than going through family court. Contact a mediation and collaborative attorney to find out more about these types of dispute resolution in family law.