Collaborative Law & Mediation

The Process

office picThe processes of Collaborative Law and Mediation offer clients the option of going through the process of separation or divorce, negotiating custody and support arrangements for children, and negotiating domestic partnership, pre- or post-nuptial agreements in a cooperative, respectful way. These processes are also suitable and effective for any other disputes, such as business disputes, negotiation of business contracts, disputes about estates and issues that arise from real estate contracts.

Clients are encouraged to consider their short and long-term goals (in divorce or separation cases where couples have children, long-term goals often include their wish to co-parent successfully and attend major events in their children’s lives together). In the traditional legal model, these are not considered to be “legal” issues, but they are very important to our clients. All parties agree to full and complete disclosure, and we use neutral, jointly retained experts as needed.

Mediation

office picIn Mediation, the mediator acts as a neutral facilitator and helps the parties come to an agreement in a respectful way. The Mediator does not provide legal representation for either party. Typically, the clients and Mediator are the only ones present during the mediation sessions, and clients can seek legal advice from attorneys between sessions and to review and advise them about the agreement. The Mediator’s role is to facilitate communication, help identify the issues to be resolve, help the parties hear and understand what the other’s concerns are, and worth through different options to resolve the issues. Clients who feel comfortable negotiating without their lawyer present and need help with negotiations to work out the details of a settlement often choose mediation. Clients who want more support during the negotiations and between meetings, or where more complex issues are involved, often choose Collaborative Law.

Collaborative Law

office picThe key element of Collaborative Law is that the negotiations take place in meetings where both parties and their attorneys are present. All four sign a Participation Agreement, which commits everyone to working together, in good faith, to reach a durable, acceptable agreement.

The hallmark of the process is a commitment to work towards a negotiated settlement rather than resort to litigation. Each client retains the right to withdraw from the Collaborative Law process and litigate. If they do so, both parties’ attorneys are disqualified and the parties proceed to litigation with new attorneys. This feature ensures a cooperative, confidential negotiating environment, where neither party uses withdrawal or litigation as a threat and the attorneys are committed to helping the clients reach an agreement.

Collaborative Law is not for all clients or all attorneys. However, clients who choose this process benefit from a generally faster and less expensive process than litigation. In addition, the chances of successful co-parenting and a civil relationship between former spouses or partners are greatly increased.

For more information about the local Collaborative Law group, contact the Ithaca Area Collaborative Law Professionals at www.collab-law.com. Information about the process and practice groups in other parts of the country and world is available at www.collaborativepractice.com, the website of the International Academy of Collaborative Professionals.

Why clients have chosen Collaborative Law:

“[I chose Collaborative Law because of my] commitment to be non-confrontational and non-litigious in coming to an agreement about how to bring the marriage to a fair and equitable conclusion.”

“It is [a] less confrontational, more efficient (and therefore less expensive) and in general less stressful way of working out a separation.”

“[I] wanted to keep [the] focus on kids, make it as much of a positive experience as possible.”

What clients have said about Collaborative Law:

“If you are able to walk into the process personally committed to a non-confrontational approach to resolving difficult matters, the Collaborative Law Process allows for the crafting of a solution/resolution that is fair and equitable when the assistance of counsel - to both parties - is advisable.”

“I can’t imagine using a different process as successfully.”

“This was a very positive experience.”