How does collaborative practice differ from mediation?
In mediation, the mediator is an impartial third party who assists parties to negotiate and settle their case. This may be challenging when parties have different levels of information or expertise. It can also be complicated when the parties are experiencing emotions that make communication difficult. If the mediator is an attorney, he or she cannot give either party legal advice or advocate for either side. Parties may have attorneys but in most cases, they consult their attorneys between mediation sessions. With collaborative practice, each party has their own collaborative attorney as an advocate. Collaborative practice was designed to allow clients to have their lawyers with them during the negotiation process. Together, the parties and their collaborative attorneys work together to reach resolutions. During the collaborative process, the parties also have access to the other collaborative team professionals to help them resolve conflict.
