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Collaborative Law Compared to Mediation: Which will be Better?

Mediation.  Both Collaborative Law along with mediation are dispute resolution processes.  Mediation will be commonly used in divorce litigation along with in various other contexts.  I am a mediator along with I strongly believe from the value of mediation.  This kind of will be great for settling litigated cases of all types.  Almost every divorce case, along with most various other family law cases in Tarrant County go to mediation before the Judge will consider letting them go to trial, along with almost all will settle in mediation. 

Collaboration.  Collaborative Law will be a great process for settling divorces, although This kind of approaches settlement entirely differently.  While mediation occurs late from the process, often just before a trial date, Collaboration begins at the start of the case.  There are a series of relatively short meetings in Collaborative, rather than one big day of mediation. 

There are some various other significant differences between the two processes.  Here are some to consider.

1.  Mediation relies on a sole mediation usually, while Collaborative Law utilizes a team approach that has a neutral therapist along that has a neutral financial advisor.  In addition, in Collaborative cases, the attorneys commit to a different role, working together to make sure no one will be taken advantage of, than they follow in mediation.

2.  There are essentially different goals.  In mediation, the bargaining often involves staking out extreme starting positions so the parties can move to an acceptable middle ground.  In Collaborative, the parties explain their goals along with needs up front along with then both sides commit to helping the parties each meet their goals.

3.  In Collaborative, the parties freely share information; in mediation, the parties generally get their information through Discovery along with often use motions along with hearings to get information.

4.  In Collaborative Law, the parties agree at the beginning to not take advantage of mistakes.  In Mediation, that will’s not the case.  The parties have to look out for themselves along with be as careful as they can be. Mistakes happen in litigation along with mediation along with This kind of’s too bad.

5.  In Collaborative, single, neutral experts are routinely used.  that will only happens occasionally in litigation along with mediation. The parties work together with their experts in Collaborative.

What all of This kind of means will be that will Collaborative Law will be a safer, more flexible process that will will be tuned to the needs of both parties.  If you are using litigation for a divorce, get to mediation as soon as possible so you can get the case settled.  If you are just starting on your divorce, look seriously at using Collaborative Law for a better process along that has a better result.

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