What is the difference between mediation and collaboration?

Mediation and collaboration are both dispute resolution strategies used in Florida law. Though they have similar goals of finding a mutually satisfactory solution to a legal dispute, the two methods are distinct. Mediation is a process in which a neutral third-party mediator facilitates communication between the two parties in order to reach an agreement. The mediator will help the parties to negotiate the terms of a settlement and guide them towards a mutually acceptable solution. The mediator is not allowed to give legal advice, nor does the mediator make any decisions for the parties. Instead, the mediator guides them through the process and helps to resolve any conflicts that arise. In contrast, collaboration is a more formal process in which two or more parties work together to resolve a dispute. The process typically involves the collaboration of lawyers, mediators, and other experts. The parties work together to develop a comprehensive settlement agreement containing the terms of the settlement. These agreements are legally binding upon the parties. The goal of collaboration is to encourage the parties to come to a mutual agreement that benefits all parties and meets the interests of each party. Overall, the difference between mediation and collaboration is that mediation is a facilitated negotiation process between the parties, while collaboration is a more formal process that involves lawyers, mediators, and experts. Both processes result in a mutually acceptable resolution to a legal dispute, but the method of achieving the solution is different.

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What is the difference between mediation and collaboration?

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