What is the difference between mediation and collaboration?

Mediation and collaboration are both process used in California law to resolve legal disputes outside of court. The main difference between mediation and collaboration is that, in mediation, a neutral third-party mediator helps the parties to come to an agreement, while in collaboration, the parties use a team of professionals to assist in resolving the dispute. In mediation, the mediator serves to facilitate communication and help the parties work together to come to a resolution. The mediator will often use various techniques to help the parties reach an agreement, such as active listening, providing information, and asking probing questions. The mediator does not make any decisions but rather serves to aid the parties in reaching a mutually agreeable resolution. Collaboration, on the other hand, is a more structured and intense process that requires the parties to work together with a team of professionals. A legal team composed of financial advisors, divorce coaches, and other professionals work with the parties to come to an agreement that best meets their individual needs. This team can also provide important information and advice during the process. The end result of both mediation and collaboration is the same: the parties negotiate a legally binding agreement that resolves the dispute. In either process, no court involvement is necessary. The key difference is that mediation is more informal and relies solely on the parties and mediator to reach an agreement, while collaboration is more formal and involves the assistance of a team to work with the parties to reach a resolution.

Related FAQs

What is the role of a third-party observer during mediation?
Is there a difference between private and court-ordered mediation?
What are the differences between private and court-ordered mediation?
What documents should be prepared for the mediation process?
How is the mediator's fee determined?
What is the role of the mediator in preventing parties from taking unfair advantage of each other?
What is the role of attorneys in mediation?
What types of conflicts can be resolved through mediation?
Is there a set timeline for when decisions should be made in mediation?
What is the difference between mediation and collaboration?

What is the difference between mediation and collaboration?

Related FAQs

Related Blog Posts