This, as opposed to the adversarial system's norm of having the most important decisions made by strangers - the lawyers and judges to whom litigation clients relinquish that power. In many ways, the collaborative process is similar to mediation.
Mediation is an excellent method of resolving disputes in certain situations.
But, because the mediator is a neutral and cannot advise, represent or protect either party, mediation is best suited to situations where the parties each have relatively equal power in the relationship. If you believe that mediation may be effective in your circumstances, collaborative lawyers will offer referrals to well-qualified family law mediators. The details of the collaborative process are contained in a written agreement entered into by the parties and the collaborative lawyers. It provides that the parties and their lawyers commit to the resolution of their disputes in an atmosphere of honesty, cooperation and integrity and that they will do so without court intervention. This does not abrogate a party's ultimate right to litigate a dispute but, in the unusual event that either party takes a contested matter to court, both collaborative lawyers are automatically disqualified from further involvement in the case.