Collaborative Mediation is a hybrid of two other out-of-court processes: Collaborative Divorce and Mediation. It can be a good middle ground for those struggling to decide between a Collaborative Divorce or a Mediated Divorce. In Collaborative Mediation families work with a smaller team, the members of which, commit to step down from the case if the family cannot finalize the divorce in Collaborative Mediation. It brings the disqualification clause of Collaborative Divorce into Mediation. To proceed with their dissolution in a litigation forum, each spouse would need to hire a new professional (team) and start again.
The disqualification clause is a powerful tool motivating families to put everything into the Mediation process. Starting your divorce over a second time due to a spouse’s ambivalence is neither easy nor quick. It can be a costly choice because the work done in a Collaborative Mediation is confidential so it cannot be used as evidence in the litigation process (with some minor exceptions).
A typical Collaborative Mediation team is one lawyer for each spouse; however the team should be tailored to meet each family’s needs. Other professionals can be brought in as needed. Please visit the Collaborative Divorce page on this website to learn what other Collaborative professionals might participate in a Collaborative Mediation.
Collaborative Mediation works best when the team members are trained in Collaborative Divorce and Mediation. Ms. Campbell, who is trained in both Collaborative Divorce and Mediation, also practiced many years in litigation before moving into her out-of-court practice. Consequently, Ms. Campbell is skilled in handling the parenting plan, financial disclosures, and settlement discussions.