Mediation is a voluntary process where divorcing couples work together with a trained professional to negotiate, and ultimately, resolve their differences in a non-adversarial forum. This way no one decides who is right or who is wrong – who wins or who loses. The mediator facilitates communication and helps to clarify and articulate the particular needs and interests of each party. They assist those going through divorce, with creating and evaluating every option.
In the right situation, mediation provides the opportunity to find fair and realistic solutions to practical and economic issues faced by each family. It also helps to heal the psychological rift. Mediation is based on the principle that the people getting divorced should be in the best position to make decisions that will have long-term personal and financial consequences on their lives. In this way, Mediation and Collaborative Divorce are very much alike.
How do Collaborative Law & Mediation Differ?
- The Collaborative team provides targeted legal, emotional and financial support from the inception of the case. A mediator must be completely impartial and does not give either party legal advice or counsel.
- The Collaborative team provides balance in power, personality, information and financial resources between husband and wife.
- The Colloborative process provides support for the spouse who is not effective or confident to advocate for themselves.
- Collaborative law provides a system of checks and balances to achieve a fair and equitable settlement, the majority of the time.
- The Collaborative team educates and encourages co-parenting.