Common Questions

What is mediation?

Mediation is a legal option for resolving conflict without going to court. A neutral mediator guides the participants to discuss and negotiate their dispute directly, rather than through attorneys, and does not impose any decisions, as would a judge or arbitrator.

What types of conflicts are appropriate for mediation?

Mediation can be beneficial for a wide range of conflicts, particularly conflicts where the parties have a family or interpersonal relationship that could benefit from a non-adversarial approach that seeks to enable decision-making, heal misunderstandings and preserve relationships.  Examples include divorce, pre marital agreements, co-habitation agreements, separation of unmarried couples, post-divorce conflicts, neighbor disputes, family business matters, and estate settlements.

What is collaborative law?

Collaborative law is a process that offers parties the support of having a lawyer represent them, within a non-adversarial framework.  In a collaborative divorce, each party hires an attorney, and the issues are discussed and resolved in 4-way meetings.  Both the parties and the attorneys commit that they will not go to court to resolve the dispute.  If either party later decides to go to court, then both attorneys resign from the case, and the parties find new attorneys to represent them in court.  This provides both the parties and the attorneys with an incentive to resolve the dispute outside of court..

What types of conflicts are appropriate for collaborative law?

Collaborative law can be beneficial for a wide range of conflicts, particularly conflicts where the parties have a family or interpersonal relationship that could benefit from a non-adversarial approach but require the support of individual attorneys for each party.  Examples include divorce, pre marital agreements, co-habitation agreements, separation of unmarried couples, post-divorce conflicts, neighbor disputes, family business matters, and estate settlements.

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Which process is best for my situation?

The first question to ask yourself is whether both you and your spouse (or other person you are in conflict with) desire to resolve your dispute in a non-adversarial manner.  Because both processes are voluntary,  you cannot force the other party to mediate or collaborate — you must both want to engage in the process.  If you both want a non-adversarial process, then ask yourself whether you would feel comfortable negotiating directly (in the presence of a mediator), or whether you would prefer to have an attorney representing you in the negotiations.  If you are comfortable using an attorney as a consultant only outside of the negotiations, then mediation is probably the most cost-effective method for you.  If you prefer the support of an attorney present during the negotiations, then collaborative law is probably a more cost-effective choice.  Although you are welcome to bring an attorney to mediation, you are then paying for multiple professionals to attend the meetings.

When is divorce mediation not appropriate?

In divorce mediation, each party must feel safe sitting in the mediation room with their spouse and be willing and able to assert their own views.  In situations where there is a history of domestic violence, the abused spouse may fear that asserting his or herself in mediation will have violent consequences.  Divorce mediation is generally not appropriate in this situation.

If I mediate, do I also need a lawyer?

While mediation does not necessarily eliminate the need for an individual attorney, it does change the lawyer’s role from one of negotiator to consultant, which generally requires fewer hours of a lawyer’s time, saving time and money.

How much do mediation and collaborative law cost?

The cost of resolving a dispute using mediation or collaborative law varies depending on the complexity of the situation, but it is generally much less than the cost of litigating the same dispute.  The savings result from direct communication between the parties and attorneys without the need for court conferences, depositions, motions and other litigation procedures that require significant attorney time and therefore generate substantial legal fees.

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