Mediation

• Lawyers may or may not be involved
• Objective, independent advice and role
• May participate in negotiations
• Goal is to reach settlement quickly
• Focuses on what is important to the clients
• Other party is a participant
• Clients make the final decision
• Success is measured by reaching a settlement that addresses issues – may not be a great outcome for everyone

Collaborative Law

• Collaborative lawyers are hired
• Lawyers work as a team
• Advice tailored to unique situation of both parties – not positional, but group-focused
• Lawyers guide process and negotiations, yet work with financial and psychological experts, if necessary, to address all issues of parties
• Goal is to reach settlement, addressing each parties’ concerns
• Other party is on the team
• Clients make the final decisions
• Success measured by reaching settlement that addresses issues – aim is for client involvement and creating solutions that meet each parties’ needs

Litigation

• Family law lawyers are hired
• Parties may end up hiring a mediator, as required by law
• Lawyers’ role is to prepare for trial
• Lawyers handle all negotiations
• Advice is provided about the law and precedence;  shapes positions, use legal authorities to guide process
• Goal is to win, reach conclusion, and to maximize one over the other
• Other party is adversary and opponent
• Clients, lawyers, but mostly judges make the final decisions
• Success is measured by winning and making sure party wins and gets what is wanted, to the exclusion of the other party’s interests