In the mediation process, a couple will first meet with a neutral third party. They then go on to discuss and resolve the terms of the divorce. The mediator involved doesn’t represent either party and is not to give legal advice; instead, their role is to help bring communication between the parties and assist the parties in considering and resolving issues that must be addressed. The parties will typically mediate without their attorneys. At the end of the process, if an agreement is reached, the mediator will prepare a written agreement in which the couple can file with the court as part of the divorce.

On the other hand, the process of collaborative law involves each client retaining an attorney who is trained in this method. Both parties and lawyers will sign a contract together that will include a provision that discusses that the lawyers will withdraw from the process if the party on either side decides to go to court. The contract will require the parties to make a commitment to voluntarily exchange information and hire joint experts. This process will proceed through structured meetings and both parties will discuss and hopefully resolve the issues at hand in the divorce process with the help of their attorneys.

Collaborative Law in Employment Disputes

Many people ask themselves, when dealing with employment disputes, “is it a good idea to use a fairly new process such as collaborative law when it doesn’t have a track record like litigation does?” Yes, collaborative law is fairly new – it was started in 1990. However, mediation has become the process of choice for most parties involved in disputes. The reason why? Litigation is more expensive, takes longer, is more draining, and can be more damaging to relationships. CL is seen as more efficient for many reasons. You are also able to control the privacy of the situation and this is a wonderful thing.

Furthermore, many people wonder if, they use CL, they will be viewed by employees as easy settle. They then believe that many employees will want to bring claims so that they can get a quick settlement without going through litigation. This is a misconception, however. CL lawyers do a screening of all cases to see if they are more fit for CL or litigation, and will not lead you in the wrong direction. When an employer gets a letter from one of these lawyers, the case has therefore been screened and approved as a good candidate.

Collaborative Law in Civil Disputes 

Why would collaborative law be a good consideration in civil disputes? There are many reasons. CL is an approach that gives the parties and lawyers a certain type of structure, but also the flexibility to mold the structure to suit the circumstances of the dispute’s speed and efficiency. It also lends an avenue that allows people from both sides to collaborate with each other without feeling compromised or susceptible to attack. It empowers patties to utilize their talents and skills without the feeling of having to beat one another in the process. Civil Procedure can be very rigid and dogmatic, unlike CL, which sets some boundaries and guidelines but offers much more freedom. This is why it may be a good idea for consideration.

Benefit of Collaborative Mediation with Divorce

Reconciliation may be a possibility in some situations that have led to divorce. Some people may choose the CL process when dealing with their divorce because they want to keep an open possibility of reconciling with their spouse in the end. There are always some suggestions to arrive at that outcome, however. For instance, avoid burning bridges, which can be a terrible strategy for reconciliation becoming a possibility. Forgiving and not holding grudges can show maturity. Getting professional help and admitting to mistakes is a great way to move on from the things that may have helped lead to the divorce. If all of these things have been considered, then there may be hope.