|
Litigation |
Negotiation |
Mediation |
Collaboration |
| Description |
Court
proceedings, including documentation to commence action, disclosure
of documents, pre-trial proceedings, trial, and any necessary
appeals, followed by judgment and enforcement |
Various
communications, either directly between parties (although usually
through lawyers), in which each party attempts to achieve a result
that is best for that party |
Attempts
to come to a mutually acceptable agreement, with the assistance
of a trained professional who facilitates communication between
the parties |
Commitment
by both parties in a family law dispute (and their lawyers),
to work toward a settlement, including commitments for full disclosure
of all information and a commitment to stay out of court if at
all possible |
| Focus and
Reliance |
Reliance
on court to achieve a result favoring one of the parties over
the other |
Reliance
on superior strength of an individual party and/or that party's
lawyer or negotiating team |
Reliance
on a trained professional mediator, to guide the parties to a
result that is mutually acceptable to both parties |
Reliance
on giving each party the power (with the assistance of a lawyer
and other professionals) to cooperate with his or her spouse,
in working toward an outcome that is acceptable to both spouses |
| Advantages |
Generally
achieves success for one of the parties |
If
the parties benefit from equal bargaining power, then the results
can reflect a balance between the interests of the parties |
Encourages
communication; minimizes the chances of having to go to court |
Encourages
communication between the parties; reduces tension; encourages
creative solutions; more likely to produce a result that can
guide the parties in ongoing dealings with one another and their
children; usually quicker and less expensive than other methods |
| Disadvantages |
Generally
achieves failure for one of the parties; expensive; risky; often
fails to produce an outcome that encourages continued relationship
among family members |
May
increase hostility between the parties; competing interests might
not be reconcilable |
Time
and expense could be wasted, if mediation is not successful |
Time
and expense could be wasted, if collaboration is not successful |
| Disclosure |
Disclosure
is required by, and may be limited to, the specifications provided
by the Rules of Court |
Disclosure
is limited to what the parties choose to disclose to one another |
Disclosure
is limited to what the parties choose to disclose to one another,
under the guidance and recommendations of the mediator |
Full
disclosure of all relevant information is expected and required,
in accordance with the participation agreement signed by the
parties and their lawyers |
| Suitability |
If
hostility, abuse, unequal bargaining power, or other factors
prevent reasonable communication between the parties, then this
might be the only viable alternative |
Suitable
when both parties have strong communication skills, and are able
to balance their interests to produce a result that is acceptable
to both parties |
Suitable
for parties who are able to communicate, and who are prepared
to rely on a mediator to guide them in their communication |
Parties
who are open to communication and full disclosure, and are prepared
to work together to resolve their differences |