About Mediation and Collaborative Law
Comparing Mediation and Collaborative Law
Both Mediation and Collaborative Law are confidential, out of court, cooperative processes help couples reach their goals - usually, a temporary separation or a divorce - with the help of professionals who listen and help craft terms that work for the whole family.
In Mediation, the three of us first explore your goals, what is important to you and why. I weave in the relevant law and explain legal, financial and other implications based on my experience. We “reality test” proposals to make sure everyone understands how they might play out over time.
We work together to reach settlement, with my facilitation and input informed by over two decades of experience, which includes an understanding of how a court might handle your situation.
Sometimes, one party may be uncomfortable sitting across the table from the other, with only a neutral facilitator. Although I identify and address power imbalances, someone may still feel a need to have his or her own lawyer at the table beside them. That is where Collaborative Law comes in as an alternative. It is a process that was created to deal with situations where both parties want to avoid the acrimony and expense of litigation, but are not ready to handle the negotiation without counsel present.
I learned over time that it is not the level of conflict that defines whether Mediation or Collaborative Law is appropriate. I have helped many angry and volatile couples reach agreement. It is the rational desire to truly reach closure and move on with life that faciltiates a successful result.
Mediation and Collaborative Law preserve resources for your family
Unlike litigation, which is the traditional adversarial approach of our court system, Mediation and Collaborative Law save money by:
- Avoiding posturing and positional filings and correspondences
- Limiting expenses to those that are necessary and productive towards settlement
Mediation and Collaborative Law are within YOUR control
- Our discussions do not have to be limited to legal and financial matters.
- Often communication and behaviorial issues are critical to resolution.
- Creative solutions tailored to your specific situation can be crafted.
- We proceed at YOUR pace (not the court's or attorneys')