Wednesday, 11 July 2012

Isn't collaborative practice the same as mediation?

No. The dynamic in mediation is entirely different from collaborative practice. While collaborative practitioners are trained in meditative techniques, it is very rare that clients in mediation have their advocates in the room with their mediators. Mediators are neutral and typically do not give legal “advice”. The mediator represents neither party, yet the parties are often encouraged to seek legal advice from independent attorneys. In the collaborative process, clients attend a series of meetings accompanied by their attorneys; by their coaches; and/or by any other member of the collaborative team. The goal of the process is to create a global settlement in writing that meets the needs of the children and of the parents; a resolution acceptable to both spouses.

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