While both collaborative family law and mediation offer an alternative to court proceedings and share the same goal, the processes they use to achieve this goal are considerably different.
If you and your partner choose to use mediation as a form of dispute resolution, your case must first be assessed in a Mediation Information and Assessment Meeting to decide whether or not you are suitable for the process. If mediation is for you, both you and your partner will come together with a trained mediator whose duty it is to guide the conversation to resolution. It is the role of the mediator to act as a neutral professional as opposed to either party’s dedicated solicitor, actively suggesting options for compromise and possible solutions. Collaborative law, on the other hand, involves both parties coming together with their respective solicitors to work together to find win-win solutions.
While mediation can be a great approach for couples who have ended their relationship on amicable terms, it can pose a challenge when one side or the other becomes stubborn and unreasonable, refusing to agree to compromise. It can be difficult for the mediator to proceed with the session in these circumstances, as they must remain completely unbiased and balanced despite this. Collaborative law is designed to deal with this issue, as it allows both parties to receive on-going legal advice and assistance throughout the session. If one party becomes unreasonable, emotional or simply lacks negotiating skill, their legal representative can help move the conversation forward to a solution that suits the needs of both parties.
While both mediation and collaborative law can be proactive for couples looking to separate amicably or outside of court, your unique circumstances will determine which approach is best for you.