About ADR In Collaborative Law, each party is represented by a collaborative
lawyer, and all are committed to resolving issues by agreement, without litigation.
The goal of Collaborative Law is to help people come to agreement about the issues
they face together, through needs- and interest-based negotiation (rather than
adversarial win/lose contests) and full disclosure of relevant information.
If parties do not come to agreement in Collaborative Law, the attorneys and experts
resign and are not available to participate in any contested court action. Consequently,
Collaborative lawyers work very hard to help their clients successfully reach
agreement, and to communicate productively throughout the process.
Multidisciplinary teams are used, enabling parties together to hire the experts
they need to resolve their issues. For example one or more of the following professionals
may be essential to the resolution process: business appraiser, real estate appraisers,
mental health professional, financial planner, tax advisor. The multidisciplinary
team approach saves parties the time, expense, stress and inherent contradictions
of hiring separate experts.
For families with children, Collaborative Law provides a way for parents to co-parent
on good terms, so that both can have an active role in their children’s
lives and both can participate comfortably in their children’s milestone
events – graduation, marriage, music recitals, tap dance performances, etc.
For others, Collaborative Law provides an opportunity for business partners, family
members, friends and/or neighbors to work through their legal issues respectfully,
cooperatively, quickly, and intelligently.
Barbara first became interested in Collaborative Law when the movement began in
the early 90's. She renewed her interest in 2005, convinced that there was finally
a way to re-enter the practice of law with integrity and compassion. Making full
use of her 20 + years of dispute resolution work with families, corporations and
businesses, Barbara helped form Collablaw.org, a multidisciplinary regional practice
group of similarly-minded professionals.
Collaborative Law provides a framework for negotiation and an alternative to litigation
that makes great common sense – it typically saves time, money, emotional
distress, and relationships.
What is Mediation?
Mediation is a process used to resolve differences. It is a confidential, private
and informal yet structured facilitated discussion. During mediation both parties
each have an opportunity to talk about needs and issues. As the mediator, I
listen to all the concerns raised, help you identify and explore possible solutions,
and support you in working toward agreements that are clear, lasting, and aggreable
to both parties.
2. What is Not Mediation
Mediation is NOT court. It is NOT a public trial with witnesses, not marriage
counseling nor a time to rehash the past. As a mediator, I do NOT judge, take
sides or decide what should happen. Most importantly, mediation is NOT a contest.
It IS a different way to resolve disputes, a time to get parties together quickly,
safely, informally and privately, to make decisions for themselves, about their
future.
return to top
3. What types of cases are well-suited for Mediation?
Disputes between friends, business partners, employers/employees, neighbors,
family members, co-workers, acquaintances, roommates, spouses, parents/children,
contractors, colleagues…in short, any situation whether personal, professional
or legal, where a conflict is causing stress and where resolution of the conflict
is important to one or more of the parties.
4. How should I prepare for Mediation?
Before mediation, think about key issues that need decisions, and think about
what information you need to share with the other party in order to make those
decisions. Think also about what issues the other party might raise, and then
about various options for settlement. I usually talk with each party before
mediation by phone, to introduce myself, schedule mediation, and answer any
questions about the mediation process.
Come prepared to discuss the issues and your ideas
about solutions
Bring paperwork or essential documents that you
may need during mediation
Give yourself room to negotiate; if you make an
offer and stick to it the whole time, no matter what you hear or learn during
the mediation, you’ll probably get frustrated. Some give and take, some
willingness to compromise in order to get unstuck from previous positions
is usually needed.
Avoid ultimatums – you might paint yourself
into a corner you can’t get out of
Treat the other person respectfully;
insults and put-downs undermine the mediation.
5. How long does Mediation take?
The length is difficult to predict and depends on the complexity and the number
of issues you have. I usually schedule 2- hour sessions. At the end of that
time, we talk about whether mediation is helpful, and if so, we then schedule
the next session.
6. Do I need a lawyer?
It is important for parties to have access to accurate legal information,
to enable you to make good, informed decisions. There are many attorneys who
support the mediation process. Sometimes people come to mediation with attorneys,
and sometimes not, depending on their preference and whether the issues are
more personal or legal in nature. I am an attorney; however, as a mediator
I do not give legal advice. I encourage parties to review potential agreements
with their attorneys before signing. If a case is pending in court, once you
reach a mediated agreement, it may be essential to have an attorney prepare
court documents and official papers, such as a Separation Agreement, Consent
Order, real estate documents or buy-out contract.
7. What does Mediation cost?
I use an hourly, sliding scale fee in most mediation cases – except
for those referred by the courts. The fee is payable by check or cash at the
end of each session. Unless there is agreement otherwise, the fee is shared
equally between the parties. I don’t charge a retainer fee for mediation,
and there is no obligation to continue using mediation. I want to work with
you as long as you think mediation is productive and helpful.
My goal is to provide professional, respectful, useful services to help you
decrease stress in your life and make decisions for yourself, so you can embrace
the future with greater ease and quality of life.
8. Will I be in the same room with the other person the whole time
during Mediation?
During mediation it’s often helpful for the mediator to meet separately
with parties. This gives people a chance to take a break and gives the mediator
an opportunity to explore ideas that may help you reach settlement. Since
each mediation is unique, it’s hard to know whether separate meeting
time will be useful in your case. If you have thoughts you want to share in
private during the mediation, or if you need to take a break, let me know
and we can arrange for that to happen.
9. What’s the difference between Mediation and Arbitration?
In arbitration the arbitrator renders a judgment and decides what will happen;
it is a private judging. In mediation the mediator helps you discuss concerns
and decide for yourself how you want to resolve them; it is a facilitated
negotiation, a private, uncoerced consensus process.
10. Who should consider using Mediation?
Anyone who doesn’t want to spend the time,
money, or emotional strain required in going to court
Anyone who wants to determine their own outcome
Anyone for whom privacy and/or confidentiality are
important
Anyone who has been unable to resolve their dispute
by negotiating on their own
Anyone who wants to address a conflict in
a way that rebuilds or preserves relationships (parents, business associates,
neighbors, friends, family, etc.)
11. Does Mediation really work?
YES – while I cannot guaranty success in mediation, in over 90% of the
cases mediated, parties reach a voluntary agreement and are able to resolve
their differences. These agreements are lasting because the parties themselves
craft them, and are invested in making them work.
12. What Are the Advantages of Mediation?
Economics – mediation is usually less expensive than
litigation.
Stress Reduction – not only does mediation usually
cost less money, it also is less emotionally taxing than going to court, ignoring
the problem in hopes that it will go away, or continuing the argument. Mediation
can help repair and preserve relationships, or make the ending of a relationship
more amicable.
Quick Settlements – mediation can be scheduled at your
convenience and usually takes much less time than going through an administrative
or legal process. Since we can schedule mediation to match your schedule,
you may not need to miss work to come to mediation.
Control k Predictability – Parties who negotiate their
own settlements have ultimate control over the outcome. YOU decide what you
agree to, and you know for certain what the outcome is. Mediated agreements
are tailored for your needs and can include a detailed plan for implementation.
Durable Decisions – Mediated settlements withstand
the test of time because they are mutual agreements, designed by the people
directly affected by the outcomes.
Closure – people generally find it helpful and healing
to have closure on their legal and personal issues.
Negotiation
Negotiation is a dialogue, usually between two parties directly,
intended to resolve disputes, to produce an agreement upon courses of action,
to bargain for individual or collective advantage, or to craft outcomes to satisfy
various interests. It is the primary method of alternative dispute resolution.
Negotiation occurs in business, non-profit organizations, government branches,
legal proceedings, among nations and in personal situations such as marriage,
divorce, parenting, and everyday life. Those who work in negotiation professionally
are called negotiators. Professional negotiators are often specialized, such as
union negotiators, leverage buyout negotiators, peace negotiators, hostage negotiators,
or may work under other titles, such as diplomats, legislators or brokers. You
can work with a professional to learn to negotiate your own interpersonal and
work related conflicts as well.
