In mediation, there is negotiation and collaboration. In negotiations, there can be mediation and collaboration. In a collaborative process, there is negotiation and mediation. Ultimately, if you and your ex-partner want to come to a resolution in an amicable manner, any of these approaches can help you reach your goals.
Mediation generally includes an additional party – a neutral person who is not going to take a position or provide legal advice to one party more than another. It can also occur with parties’ lawyers present, which can often make it more effective but more expensive.
It is important to note that mediation does not eliminate the need for lawyers – one for each party. One attorney is prohibited from representing two sides. If a breakup occurs with one attorney, one party is not represented, and one has a professional advocate.
Negotiation happens in every breakup and in all of the processes. It can be formal or not. Lawyers and neutrals can be included. Very often, further negotiation happens after mediation, so they are not mutually exclusive. In my experience, the fastest and cheapest way to resolve a case is with a four-way conference with two attorneys and two people who have a shared goal of resolving their disputes. It is important that the attorneys are also willing and able to work towards a resolution rather than relying on litigation in court.
I often recommend that when looking for a lawyer, refer to the Collaborative Divorce professionals list at https://collaborativedivorceillinois.org/directory/. These attorneys are trained and committed to working through disputes without the additional expense, anxiety, delay, and unpredictability of court.
Collaborative law includes a team of professionals. This process can include two lawyers, a mediator/neutral, divorce coach, financial expert/advisor, child expert, or any combination of those professionals. The team can be all of these or none of these.
For more information about collaborative law, please contact:
Wakeman Law Group, PC
741 S. McHenry Ave., Suite A
Crystal Lake, IL 60014
Ph: 815-893-6800