What is the difference between Collaborative Law and
In mediation, there is one qualified neutral third party
(typically an attorney) who assists the parties in negotiating a settlement of
their case. The mediator does not represent either party to the dispute and
cannot give either party legal advice, nor can the mediator advocate for either
party’s position. If either party becomes unreasonable or stubborn, is
emotionally distraught or unable to negotiate, the mediation process can be
interrupted. A mediator may attempt to intervene to help the process resume,
but if the mediator is unsuccessful, mediation can break down, or a negotiated
agreement may be unbalanced. If the parties are represented by attorneys, their
presence may actually contribute to the difficulties in the mediation, or their
advice may come too late to be helpful.
Collaborative Law is an option to deal more effectively with
potential problems for parties who may not be as prepared for mediation. While
maintaining the same absolute commitment to settlement as the sole agenda, each
party has quality legal advice and advocacy built in at all times during the
process. Even if either party lacks negotiating skill, or is emotionally upset
or angry, the process is equalized by the presence of the skilled advocates. It
is the responsibility of the attorneys to encourage their clients to be
reasonable to make sure that the process stays positive and productive.
CICAP has a website, here
, that can provide more information
regarding collaborative law and provide referrals for collaborative divorce attorneys in Carmel, Indianapolis, and throughout Indiana.