| Topic |
Collaborative Law |
|
Mediation |
|
| Process |
Non-adversarial divorce |
|
Non-adversarial divorce |
| |
Clients retain control over timing, pace, decisions |
|
Clients retain control over timing, pace, decisions |
|
| Attorney |
Active role (as advocate, advisor, problem-solver), but always constructive and non-adversarial with other spouse and attorney |
|
Clients may consult with attorneys during process; mediator provides legal information but not legal advice |
|
| Advocacy |
Attorney articulates concerns of client |
|
Mediator neutrally advocates for both clients and for the process |
|
Open Disclosure and
Good-Faith Discussion |
All financial information voluntarily disclosed; all discussions conducted in good-faith with goal of fair and durable agreement |
|
All financial information voluntarily disclosed; all discussions conducted in good-faith with goal of fair and durable agreement |
|
Participants in
Discussion |
Combination of two-way(attorney-client and attorney-attorney) and four-way discussions |
|
Typically all conversations and correspondence are three-way; occasional two-way (always evenly balanced) caucusing may be useful |
|
| Cost |
Often less expensive than adversarial divorce. Hourly fee; retainer. Costs involve two- and four-way meetings; attorney drafting fees; other neutral experts (financial advisors, accountants, coaches) |
|
Often less expensive than both collaborative and adversarial divorce. Hourly fee, no retainer. Costs involve mediation sessions, drafting fees; consulting/review attorneys; other neutral experts |
|
| Which Process? |
May be best choice for: |
|
May be best choice for: |
| |
People who prefer a more active attorney role, but who do not want to incur financial and psychological cost of litigation. |
|
People who can speak for themselves and who want to listen to their spouse's point of view. |
| |
People who can imagine sitting in four-way meetings with spouses and attorneys and problem-solving together. |
|
People who can imagine sitting in three-way meetings without attorneys present and problem-solving with their spouse and the mediator. |
| |
People who can, and prefer to, make decisions for themselves regarding their divorce (with input from attorneys and other neutral experts.) |
|
People who can, and prefer to, make decisions for themselves regarding their divorce (with input from mediator, consulting attorneys and other neutral experts.) |
| |
May be a poor choice for: |
|
May be a poor choice for: |
| |
People who believe that there will be dishonesty or deceit in the collaborative law process. |
|
People who believe that there will be dishonesty or deceit in the mediation process. |
| |
People who might want the protection of a family court (domestic violence or other situation.) |
|
People who have concerns about significant power imbalances or physical violence that would make it hard to talk freely in mediation. |
