Lawrence N. Rothbart Matrimonial Attorney

During mediation, the mediator may separate the parties into different rooms; often called “shuttle diplomacy” or the “caucus method”. The mediator can go back and forth then between these different spaces and have private conversations with each party. This allows the mediator to gather important information and to present offers and counteroffers to the parties. In this way, the parties can participate in the process without having to be in the same room as each other.

Once the mediation is scheduled, the case may be resolved in one or more sessions. The amount of time that it takes to complete mediation depends on several issues, such as the complexity of the legal issues involved, the number of issues to resolve and the parties’ willingness to listen to each other and maintain an open mind to potential resolutions or solutions.

Prior to mediation, the mediator may reach out to the parties and explain what, if anything, is necessary for the first mediation process. Every mediator approaches the process differently. Some may ask the parties to come with a summary of where they are in the case or the discovery that has been exchanged. Some may ask the parties to come up with a template for parenting time and responsibilities. Some may prefer to have a clean slate and may not ask for any information.

One of the major benefits of mediation is confidentiality. As these discussions are made to potentially settle the dispute (“settlement talks”), they are usually prohibited from being introduced in a later court session. As such, what is said during these mediation sessions does not usually become part of the official court record. Any agreement that is made in mediation is presented to the court to be incorporated in any court order as a written agreement.

Mediating spouses can bring their attorneys with them to mediation and even if not in the mediation sessions support or review attorneys can advise the parties as to their rights and confirm that any agreement is reasonable. During private sessions, the attorney can explain how making certain decisions will impact their legal rights so that the client is completely informed when going through this process. Additionally, mediating spouses can ask other professionals to be involved in the process, such as financial consultants or the children’s therapist.

Mediation is often better than going to court. When the parties go to court, they lose control of the ability to determine the outcome of their case. The judge can make decisions that are different than the parties would have made. Additionally, being adversaries in court often leads to harm to the remaining relationship between the parties. Mediation often allows the parties to have a respectful exchange with each other that does not derail their already fragile relationship. Additionally, mediation may often be a more affordable way to resolve legal issues and family matters.

Collaborative Practice involves the parties and their attorneys working together through structured negotiations. It empowers the parties to be an integral part of resolving their dispute with the help of supportive professionals. Mediation uses the help of a third-party professional who is neutral. The mediator uses conflict resolution skills to enhance the communication between the parties and motivate them to settle their dispute.

The parties enter into collaborative Practice voluntarily. They do not have to agree to use a collaborative Practice approach if they do not like. However, many parties are able to amicably resolve their legal disputes by taking advantage of the collaborative Practice process. If the parties reach an agreement in collaborative Practice, they present this agreement to the court to incorporate into an official court order, which is binding on the parties. If the parties are unable to reach an agreement through collaborative Practice, the attorneys must recuse themselves from the case and the parties hire new lawyers to represent them. Usually, nothing previously discussed in collaborative Practice sessions is binding on the parties unless the parties agree otherwise.

There are several benefits to collaborative Practice. Because the parties are openly communicating, they can freely share information with each other without the additional time and expense related to discovery requests. They can share the cost of appraisers or other experts. By working together, they can identify relevant issues and work together to solve them. Collaborative Practice helps insulate children from the dispute so that they are not negatively impacted by the litigation process. Collaborative Practice is often more affordable than litigation since all of the parties are working together, including the lawyers.

Collaborative Practice or Collaborative Law is an innovative multidisciplinary legal process in which parties involved in a legal dispute work together with lawyers and other professionals who are dedicated to resolving the case outside of court. Rather than battling in each other in litigation, the parties focus on reaching an amicable settlement through a collaborative approach. The parties focus on problem-solving, brainstorming solutions and using open communication to advance their interests.