Mediation is a tool used to settle legal disputes in an adversarial lawsuit. The mediation usually occurs after the lawsuit is filed with the court. The judge may order the parties to mediation or they may voluntarily go to mediation.  If an agreement on all the issues to the dispute is reached, a trial is avoided. If it fails, or they are unable to reach agreement on their own, a judge or jury will make the final decision.

Generally speaking, each party and his or her attorney attend the mediation.  The mediator or “neutral” tries to facilitate the settlement through negotiation and compromise.  No evidence is presented and the mediator cannot give legal advice to the parties. Everything discussed in the mediation is confidential and cannot be used as evidence in a hearing, should the mediation fail.  There is no set amount of time that the parties can spend in a mediation, however, many mediations are scheduled for three to four hours.

Collaborative law, on the other hand, can be an effective tool to settle legal disputes in a non-adversarial, supportive environment. It is a process that allows the parties to work toward settlement, out of court, on an ongoing basis, over a period of weeks or months. Temporary agreements are entered into on an as needed basis until such time that the dispute is completely settled and the court issues a final order.  The attorneys are involved in the entire process, working toward a fair and equitable conclusion while providing legal advice to their respective clients as the case progresses. Creative problem solving is encouraged.  Stonewalling is not permitted.  Specially trained professionals are available to assist the parties and their immediate family throughout the entire process, if needed.

Before the process can start, each party is required to sign a binding agreement to disclose all documents and information that relate to the issues involved in the dispute.  They must act in good faith.  The parties understand that failure to act appropriately   would require their attorneys to withdraw and they would have to retain new attorneys to represent them in a traditional adversarial lawsuit.