Serving New Haven and Fairfield Counties

Mediation versus Collaborative Law in Milford CT

Business negotiationsParties going through a divorce often have the choice of how they want to proceed.  They may choose litigation, mediation or collaborative law in Milford Connecticut.  While mediation and collaborative law in Milford Connecticut have some similarities, they also have important differences that distinguish them.

Mediation involves the use of a third party neutral called a mediator.  This person helps facilitate communication and helps the parties negotiate.  He or she has no authority in the situation and is not a judge.  He or she cannot impose any ruling on the parties.  Instead, his or her role is to help the parties resolve their own legal dispute.  In mediation, the parties can have legal counsel but they are not required to if they prefer not to.  Mediation can often resolve a legal issue in one or two meetings, depending on the complexity of the issues involved and the parties’ ability to communicate together.

Collaborative law involves both parties being represented by separate legal counsel.  These lawyers are specifically working toward a collaborative divorce.  They sign an agreement not to go to court.  If the spouses are unable to resolve the case without going to court, their attorneys are required to withdraw from the case.  The spouses and the lawyers negotiate in four-way meetings.  There may be other professionals drawn into the case to assist the parties, such as custody coordinators, financial advisors, counselors or other professionals.

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