After all, if the substantive issues are resolved and the disputants avoid trial, they should be happy. In reality, however, the parties are often not fully satisfied. Collaborative mediation typically happens over several short sessions, usually one to two hours. Most of the mediation sessions take place with both parties present, although there may be brief private meetings or caucuses. The first session should occur early in the development of the case, in order to establish a spirit of cooperation and set the stage for productive discussions.
Mediators try to create an informal atmosphere where the parties can directly negotiate the issues.
If they are not present, the parties make only tentative agreements subject to attorney review. 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.