Mediation / Collaborative Law

Mediation is a form of dispute resolution, like collaborative law. A mediator is a neutral third party hired by the parties to assist them in trying to settle their case; however, the mediator does not make any decisions. Mediations may take place between the parties and the mediator only, or the parties may each hire their own attorneys. The mediator can be an attorney or someone else who has been trained as a mediator. Mediation is an excellent way to resolve your matters without litigation.

Collaborative law is an alternate method of negotiating a divorce settlement. Collaborative law involves a free and open exchange of information, a needs-based negotiation, and freedom from potential litigation of matters. Collaborative sessions are usually attended by the parties and their respective collaborative attorneys. In some cases, a mental health professional, a financial expert or even another attorney whose expertise is in a different area of law may also be included in the sessions. Each session usually lasts approximately 2 hours, and may occur as often as the parties wish. The key to collaborative law is communication. If you and your spouse are able to sit together for several sessions and make an attempt at communicating your needs to the other, then collaborative law may be a good fit for you. The attorney's job in a collaborative divorce model differs from typical representation. While the attorney is still obligated to represent your interests, provide you with legal advice, and keep your confidences, in a collaborative model it is also to help you and your spouse communicate your needs to each other. Further, collaborative law removes the threat of court looming in the background. The parties agree in a signed pledge that they are going to attempt to work out a settlement, and not go to court to resolve their differences. The attorneys are also making the same pledge. So, if the parties are unable to resolve their case in the collaborative model, each party has to hire new attorneys.

If you want to know all of your options, call the Law Office of Shawna Collins to schedule a phone conference or an in office appointment with Shawna and find out the best course of action for your case. You may also click on “About Our Online/Virtual Law Office” above, and register for online law services.