Family law attorneys may perceive collaborative mediation as new, unfamiliar territory where they have little control over the outcome. There may also be the perception that the attorneys have significantly less to do if their clients are working with collaborative mediation. These perceptions are not really accurate. If collaborative mediation is properly conducted, attorneys play several crucial roles in the process. First, as described above, attorneys should assess the clients to make sure they are good candidates for collaborative mediation.
Attorneys also ensure that all the necessary information is exchanged at the appropriate stage.
While the clients themselves typically do most of the negotiating, attorneys should meet with clients prior to each session to advise them on the legal aspects of the issues to be discussed, and coach them on negotiation strategy. Attorneys also review tentative agreements as they are reached. They may recommend items for the agenda, and they generally ensure that all the legal issues are addressed. Once the agreements are acceptable to both parties, the attorneys transcribe them into legal documents. If the mediation doesn t settle all the issues, the attorneys are there to move the parties into litigation on those issues.