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How is Collaborative Law different from Mediation?AnswerLike mediation, collaborative law emphasizes a non-adversarial approach to dispute resolution. But the two methods work very differently: in mediation, a neutral mediator aids the parties in reaching an agreement. Mediators are focused primarily on reaching an agreement rather than the fairness of that agreement to one side or the other. Therefore, if one side lacks financial savvy or negotiating skills, they may have poor results from mediation. If the mediation fails, the parties often end up battling in court. Collaborative Law was designed to deal with the shortfalls of mediation while maintaining a focus on reaching a final agreement. In a Collaborative Divorce, each side has their own attorney to provide legal advice and advocate on their behalf. Certified Collaborative Law attorneys are trained in mediation and interest-based negotiations. A third attorney (the mediator) is not used unless the parties agree that it would be advantageous. Finally, in Collaborative Law, litigation is not an option as long as you retain the collaborative attorneys. Category |
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