Collaborative Practice / Collaborative Law

Family Mediation has some differences and some similarities to Collaborative Practice (also known as Collaborative Law).In Family Mediation, one mediator (a neutral) works with the two parties. The mediator does not give legal advice to either party, and does not the parties (or either of them) if the mediator is a lawyer.Mediators often give legal information to the parties, and recommend that they each consult with a reviewing attorney during the mediation process and to review the final agreement resulting from the mediation.

In Collaborative Practice, each party is represented by a collaboratively trained attorney who is that party’s advocate, but who is also trained in conflict resolution.Like mediation, it involves a series of face-to-face meetings. Sometimes a communications facilitator or process coach may be present at the meetings.

An important feature of Collaborative Practice is that the parties sign an agreement not to litigate using their collaborative attorneys (or any other attorneys from their firms). This provides collaborative clients with a in which the parties have a good chance of reaching strong settlements without threat of litigation.

Collaborative Practices tends to be used in very complex cases and/or where the presence of client advocate attorneys is needed or desired throughout the process. It is generally more expensive than mediation, and less expensive than litigation.