The early use of collaborative mediation can provide an effective approach to managing family cases. The parties, with proper assistance from their counsel, can specifically define the issues they are facing, and exchange the information that is relevant to those issues. This can be a cost-effective and efficient alternative to traditional discovery. Collaborative mediation is also effective for negotiations on issues such as parenting plans that contain many details. Using traditional channels of negotiation, parenting plans can consume an extraordinary amount of time and energy.
Communication goes from client to attorney to attorney to client.
Collaborative mediation, with the emphasis on direct, real-time negotiation, is an efficient way to resolve these detailed parenting issues. Furthermore, interactive dialogue between the parents, with the guidance and facilitation of the mediator, allows for the creation of a parenting plan that is truly tailored to the needs and interests of the children. The traditional settlement conference style of mediation occurs late in the process, often well after the separation. Although essential in many cases, restraining orders are all too often used not because they are necessary or even best for the parties, but rather because they are the default choice in a legal system that is not well-designed for the emotional aspects of divorce. These emotional issues may be the most important issues to the clients and their children.