{"id":358032,"date":"2016-04-04T10:46:21","date_gmt":"2016-04-04T15:46:21","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/mediation-and-collaborative-law.html"},"modified":"2026-02-06T09:21:00","modified_gmt":"2026-02-06T14:21:00","slug":"mediation-and-collaborative-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/mediation-and-collaborative-law.html","title":{"rendered":"What Is Mediation and Collaborative Law?"},"content":{"rendered":"\n
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What Is Mediation and Collaborative Law?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Mediation and collaborative law are forms of alternative dispute resolution that help people settle legal issues without going to court. Mediation uses a neutral third party to guide discussions and help the parties reach a mutually acceptable agreement, while collaborative law involves both sides and their attorneys working together under an agreement to avoid litigation.<\/p>\n\n <\/div>\n\n\n\n

Courtrooms find the truth. That is the purpose of the legal process. That means one side is \u201cright” and one is \u201cwrong.” Court is an adversarial process where one party wins and the other loses.<\/p>\n

In some situations, such as criminal law<\/a>, this procedure works. The adversarial process works well when the questions are: What happened? And who did it?<\/p>\n

Other times, the adversarial process is harmful to the parties. In a divorce case, the issue is not who is right or wrong but what is fair. Sometimes, the parties may be arguing over matters they could resolve faster themselves than in court. In landlord-tenant disputes<\/a>, the landlord needs the rent as soon as possible, and the tenant wants a resolution right away.<\/p>\n

In situations like these, judges may suggest alternative dispute resolution<\/a> (ADR) instead of litigation.<\/p>\n

This article discusses two commonly used types of ADR\u2014mediation and collaborative law\u2014and how they offer a more cooperative approach to resolving legal disputes. You’ll also learn about the role of attorneys<\/a> in these processes.<\/p>\n

Alternative Dispute Resolution<\/h2>\n

Alternative dispute resolution (ADR) is the umbrella term for informal procedures used to resolve disputes outside of a courtroom<\/a>. ADR involves the parties (and sometimes their attorneys) meeting with a neutral third party to discuss alternative means of resolving a legal dispute. The best-known types of ADR are arbitration, mediation, and collaborative law.<\/p>\n

Collaborative Law<\/h3>\n

Collaborative law\u00a0offers the most legally structured option to parties with a legal dispute. In collaborative practice, the parties and their attorneys agree to carry out the litigation process without going to court. The best example of this is the collaborative divorce<\/a>.<\/p>\n

During divorce litigation, divorcing couples must exchange financial information and other documents, a process called \u201cdiscovery<\/a>.” Normally, a family law attorney files documents with the court, and the other party can object. In a collaborative divorce, the divorce attorneys agree to exchange documents and resolve any objections without going to court.<\/p>\n

The collaborative divorce attorneys also agree that if the process breaks down and the parties end up in court, they will bow out of the divorce. The parties must find new lawyers for the remainder of the divorce. This way, all parties have an interest in making the collaborative divorce process work.<\/p>\n

The collaborative law process is effective for other types of law besides divorce. If the parties are willing and able to work together without court orders and deal in good faith with one another, this process can shorten the time needed to resolve many legal matters.<\/p>\n

Mediation<\/h3>\n

In a typical\u00a0mediation session<\/a>, the parties and their attorneys meet with a neutral third party to discuss the problem. Each party describes their side of the issue, what they think caused it, and why they believe they are correct. Then they each offer solutions for resolving the problem.<\/p>\n

Mediation negotiations<\/a> are confidential. The parties sign a participation agreement before negotiations. They agree that whatever is discussed cannot be used later if the case goes to court. This includes:<\/p>\n