What Is Collaborative Law?
According to scientist David Bohm, “The key to resolving conflict is suspension of one’s own point of view as the only point of view.”
Both mediation and collaborative law promote such a paradigm shift. They both encourage parties to express their viewpoints and explain their goals, but to also keep an open mind and truly listen to the other party.
However, mediation and collaborative law do differ in important ways. Feel free to call Sena Family Law & Mediation Practice to set up a free consultation with our lawyer and learn which approach is right for you. You can also review the basic information below:
The Parties Involved
In collaborative law, the parties are always represented by attorneys, and both sides work together toward a resolution. Oftentimes, parties and counsel agree to retain specialists and coaches to assist in moving the case toward resolution.
In mediation, the parties’ lawyers may or may not attend the mediation sessions. After the initial meeting, the parties are often separated, with the mediator acting as a go-between and playing the key role in settling the dispute.
The Possibility Of Litigation
If mediation is unsuccessful, the parties may still choose to go to court and litigate the matter. Mediation doesn’t prohibit them from proceeding to litigation, should mediation be unsuccessful.
With collaborative law, however, the parties agree ahead of time that they will come to a resolution outside of the courtroom. If collaboration is unsuccessful, the collaborative attorneys must withdraw from the case and new attorneys be retained, which means the parties lose the money and time they invested in the process. This can be a motivation to come to an agreement.
We Can Help You Decide
If you are involved in a family law dispute but want to avoid litigation, Sena Family Law & Mediation Practice can help. Our certified family law specialist and mediator has an intimate knowledge of domestic relations laws in California. Let her advise you about your alternative dispute resolution options. Call 415-863-5300, or contact our San Francisco office via email today.