Can Mediation be used as part of the Collaborative Process?
Yes. In mediation, an impartial third party (the mediator) facilitates the negotiations, becomes the record keeper and generally manages the process toward agreement, allowing the lawyers to focus more on advising and assisting their clients. Mediation can be used as part of the Collaborative Process, usually with both Collaborative attorneys present with the clients in the mediation session. In circumstances where the situation is quite complicated or highly emotional a mediator can be an important impartial facilitator for these team meetings.
However, it may not be necessary to engage the assistance of a mediator when the spouses are able to resolve issues with the help of their Collaborative attorneys, mental health professionals, and financial specialist.