Collaborative law mediation may involve the use of mediation within a collaborative process to address discrete issues or advance resolution. These matters often include participation by counsel and, where appropriate, other professionals, with a focus on maintaining the structure and commitments of the collaborative framework while working through specific questions or components of the case.
How Mediation Helps In This Context
Participants may use mediation sessions within the collaborative process to focus on specific issues, evaluate options, and work toward resolution without disrupting the overall structure of the case. They can test proposals, refine terms, and assess how different approaches align with the goals of the collaborative process. Participants may also use mediation to address areas where additional structure, focused discussion, or neutral facilitation may assist in moving the matter forward.
Common Issues
- Structuring mediation within the collaborative process
- Coordination with counsel and other professionals
- Focused resolution of discrete legal or financial issues
- Information exchange and sequencing
- Incorporation of mediation terms into collaborative agreements
Some Considerations For Counsel Preparing For Mediation
- Identify the issues to be addressed in mediation within the collaborative process
- Consider how mediation sessions will be coordinated with counsel and any involved professionals
- Identify who will participate in mediation and how those sessions will be structured
- Consider how terms developed in mediation will be documented within the collaborative process or resulting agreements