Mediation Vs. Collaborative Law
When family law disputes arise there is more than one way to resolve the matter, including mediation and collaborative law. While these options both provide an alternative to going to trial, they are not the same thing. With offices in Del Mar and Vista, at Gavin & Dersch Law and Mediation, we understand how these methods can be used effectively.
What Is Mediation?
Mediation is a voluntary, nonbinding process using an impartial person (the mediator), to guide the parties toward a mutually beneficial resolution of their dispute. Unlike an arbitrator, who can impose a decision, the mediator helps the parties decide for themselves whether to settle and on what terms. The mediator acts as a catalyst to help the parties identify issues, explore individual needs and clarify differences. The mediator assists the parties in reaching an agreement in a protected, private environment.
Divorce mediation is a way of resolving the issues in dissolution of marriage in a nonadversarial way. Here, you have the opportunity to negotiate your own settlement rather than have one imposed upon you by the court in a hearing or trial. Too often divorce is viewed as a win or lose situation.
Successful mediation requires recognition that both parties compromise and that neither should win or lose. The process of mediation is mutual and you should come out with a settlement that is acceptable to both parties.
The mediator does not represent either party, but rather uses his skills to identify areas of agreement and disagreement and acts in effect as a facilitator to a solution.
What Is Collaborative Divorce?
Collaborative divorce is a type of mediation that focuses on resolving issues related to the termination of a marriage in which each party is represented by an attorney. It incorporates the legal, emotional and financial elements in a cooperative way that ultimately benefits everyone involved. The lawyers and clients sign a participation agreement which provides that if the parties are unable to reach a settlement, the lawyers will withdraw from the case and assist the clients in their transition to trial attorneys.