What is the difference between mediation and collaboration?
Mediation and collaboration are two types of alternative dispute resolution (ADR) methods used in Pennsylvania. Both mediation and collaboration involve two or more parties working together to reach an acceptable agreement without litigation. The main difference between mediation and collaboration is the degree of involvement by the parties in the process. In mediation, the parties work with a neutral third-party mediator. The mediator guides the parties through the negotiation process and helps them come to an agreement. The mediator does not make decisions for the parties, but instead encourages them to come to an agreement on their own. In collaboration, the parties work together to resolve their dispute, without the presence of a third-party. The parties are required to discuss the issues and openly communicate to reach a resolution. The parties are responsible for making their own decisions and can decide to work together to create a mutually beneficial solution. In both mediation and collaboration, the parties can have attorneys present to represent them and help facilitate the process. However, the attorneys are mainly there to provide legal advice and cannot force the parties to reach an agreement. Ultimately, it is up to the parties to decide if they can come to a satisfactory resolution.
Related FAQs
Can a court order a party to attend mediation?How do I know if a mediator is qualified to handle my case?
Are there any restrictions on the types of settlements that can be reached in mediation?
How does mediation differ from arbitration?
Is mediation confidential?
What are the consequences if the parties do not comply with the mediated agreement?
How much time should be allotted to each side during mediation?
Is mediation a form of alternative dispute resolution?
When should mediation be used instead of litigation?
What is the role of a third-party observer during mediation?
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