What is the difference between Collaborative Divorce and Mediation, Cooperative Divorce, and other Alternative Dispute Resolution processes?
In Mediation, there is one “neutral” professional who helps the disputing parties try to settle the issues in their case. The mediator cannot give either party legal advice, and cannot help either side advocate its position. If one side or the other becomes unreasonable or stubborn, lacks negotiating skill, or is emotionally charged, the mediation can become unbalanced. As the mediator works to get the process “unstuck” he or she can be viewed as biased by one side or the other. If the mediator does not find a way to deal with the problem, the mediation can break down or the final agreement can be unfair. If there are attorneys for the parties, they may not be present at the negotiation/mediation sessions and their advice may come too late to be helpful.
