What is mediation
Mediation is a process where you engage an independent third party to mediate between the parties. Quite often parties do not have solicitors present during the mediation process.This may leave the parties at a disadvantage as they do not know their legal rights. While the mediators are trained generally in the facilitated approach, they are unable to offer legal support just guidance.
What is Collaborative Law
Collaborative Law (CL) provides for parties and their lawyers to sit in the same room. This enable parties to discuss and negotiate with the advantage of legal support. This process gives the power back to the parties to make decisions that are about interests and needs above positions. A collaborative lawyer takes that step back and uses their expertise to help their clients negotiate towards an agreed conclusion. Because the lawyers are involved in the whole process it does conflict them out to continue to represent their clients should negotiations not end in an agreed outcome. This means that they can not represent you further if the matter proceeds to a court setting.
What are the Advantages of Collaborative Law
Mediation generally is a one day process where a time limit has been set. The CL process can be ongoing. Parties can continue coming back to the table if new information is required and the process and negotiations are ongoing. This process can preserving relationships, save money and achieving a more satisfactory result as the parties have been involved in the whole process by participating in the decisions. It is about the parties collaborating and making joint decisions. It allows an opportunity for all present to hear what the other person has to say and understanding the other person’s point of view. It stops being about positions and becomes about interests and needs. This process is about moving forward.
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