Divorce Mediation & Collaborative Law: What Are the Differences?
Mediation
In the mediation process, we would serve as either an impartial mediator to facilitate the hearing and resolution of individual issues or the entire matter, bearing in mind that the court always has jurisdiction and final approval over issues relating to children. In these matters, we would work with the parties themselves or with them and their attorneys. In order to maintain an impartial position, we could not represent either party but would help to discuss issues, and offer opinions, options, and assistance to try and bring about an agreed-upon settlement and agreement as the parties chart their own course to the future without court intervention.
Collaborative Law
In the collaborative process, we represent one of the parties in a transparent manner, which offers the same discovery, informational and document exchanges, asset valuation, and settlement options as in a traditional court matter, but with the goal being for both parties and lawyers to be fully vested in the settlement process and resolution as the only goal. Should the settlement not result and an unmovable impasse occur, both parties’ attorneys would then be disqualified from representing them in a court litigation. In this way, having both parties represented by trained collaborative professionals helps facilitate a more client-driven resolution, with all involved fully committed to the settlement goal.
While mediation or collaborative law is not for every case, the same can and should be said for litigation. When two people are suited for one of these alternative settlement options, and their lawyers are properly trained, the possibilities for out-of-court resolution are enhanced.
Ready to find a more effective solution to your family law matter? Call Rosenberg Family Law PC today at (516) 212-9211 to speak to our Long Island divorce mediation attorneys.