How is mediation different from collaborative law?
Mediation is both complementary to and different from collaborative law. In collaborative law, attorneys for opposing parties agree to cooperate to find an agreeable settlement. This is accomplished by bringing both parties and their counsel together in joint meetings, which allows a greater likelihood of compromise than in adversarial litigation. Even in collaborative law, however, each attorney has a legally mandated responsibility to make it their first priority to protect their own client’s interests. Mediation, on the other hand, is a process that creates a neutral space for the exploration and resolution of issues to all parties’ satisfaction. Because mediators are not representing either party, they are free to have private meetings with each side when it is helpful, and to engage in shuttle diplomacy if that will further the progress of the negotiations. Mediators have a range of options not available to the lawyer with a client.
