Party Negotiation

Mediation

Collaborative Law

Attorney Negotiation before Trial

Litigation

Description of the Process

Parties to the dispute communicate directly with one another regarding issues in dispute. They trade off items of value to reach a settlement.

Mediator facilitates communication between two parties to a dispute, helping them identify their interests, brainstorm possible solutions and reach a settlement.

Parties and their respective collaborative attorneys work collaboratively through series of meetings to identify party interests, gather necessary information, and develop a solution.

Attorneys negotiate a settlement between the parties shortly before trial based on anticipated outcomes at trial.

Parties via attorney representation file and answer legal complaints, complete a discovery process, and present evidence before a judge.

Role of Outside Parties

None

Mediator acts as Neutral Facilitator of Communication between the Parties.

Attorney’s may provide legal advice to clients outside the mediation and/or participate in the mediation.

Attorneys control the collaborative process,  assist parties in identifying their interests, gatherer information, create available options for meeting parties’ needs, provide legal advice, and formalizing agreements reached.

Other Neutral Consultants may be involved including divorce coaches, and financial and child specialists.  

Attorneys negotiate client’s positions prior to trial in order to obtain the best alternative deal to what they expect to happen in court.

Judge hears the evidence, applies the law and renders a decision.

Party Control of Process

High

High

High

Low

Lowest

Privacy

Confidential to the extent the parties agree.

Parties bound by Mediation Agreement not to disclose or use information exchanged within the mediation in any action outside the mediation.

Parties bound by Collaborative Law Contract providing that neutral consultants and collaborative attorneys are disqualified as witnesses in any subsequent litigation.

Court proceedings and court files are open to the public. To the extent case settles before trial, certain information may not become public.

Court proceedings and court files open to the public.

Decision-Maker

The parties

The parties

The parties

Attorney’s/parties

The judge

Result

Verbal or Written Agreement

Written Memorandum of Agreement

Collaborative Agreement which may be formalized into a court order

Settlement Agreement which may be formalized into court order.

Judgment

Cost

Low      High