The Attorneys at Morneau Law explain what the difference between collaborative divorce and mediation to every family law client that comes into our office. We have seen the devastating effects of family law litigation and the way Court can cause trauma and distress on families. There are many different ways to avoid the Courtroom and the stress it causes, with mediation and collaborative law being two excellent options.

Collaborative Law:

Collaborative law can be used in any family law case setting. Each individual hires their own Attorney, who must specifically be trained in collaborative law. There are dozens of collaboratively trained Attorneys in New Hampshire. These Attorneys are not able to go to Court with their client, should the client decide to terminate the collaborative process. This makes sure there are never threats of going to Court and using what was discussed in a threatening way.

Along with the two Attorneys, there are other team members which act as neutrals in the process. There is a financial neutral which will assist the individuals in reviewing their financials and creating projections and budgets that assist in the process. These documents are incredibly useful when creating a settlement. Along with the financial neutral, there is a coach facilitator. The coach helps the individuals work through the mental and emotional aspects of their case. The coach helps set clear boundaries for communication and can help in a variety of ways including assisting with parenting issues, making sure each individual is heard during meetings and diffusing conflicts that may arise.

The two neutrals are experts in their field. These neutrals are imperative to the collaborative process and what makes it a great option for many cases.

Collaborative law focuses on teamwork, which can save money by using their expertise to reach settlements that each individual is comfortable with and agrees on. Another benefit of collaborative is that it provides privacy because all decisions are made outside the Court system, which is public. Cases have the flexibility to move as quickly as the individuals want, and allow pauses for things like holidays and vacations that Court would not allow.

Mediation:

Mediation is a process which may or may not involve a team. Individuals can choose to retain Attorneys or can proceed without them. One individual may choose to hire an Attorney, while the other chooses not to. There is always a neutral third-party, which is the mediator. The mediator’s job is to assist the individuals in reaching agreements and drafting the documents needed to file with the Court. The mediator is not able to provide legal advice or represent either parties’ interests. At Morneau Law, a cutting-edge style of mediation is used. The process begins with a joint orientation where both parties meet with the mediator (through Zoom or in person) and discuss if mediation is right for them. Should both individuals agree to move forward with the process, a Mediation Participation Agreement is signed, an the Preliminary Private Planning meetings are scheduled. Each individual has a separate one-hour meeting with the mediator to discuss their goals and concerns. After both of the Preliminary Private Planning meetings are completed, the first working session will occur. This meeting will have both individuals and the mediator and will last approximately two hours. Should another meeting be needed, it shall be scheduled for after the first working session.

Morneau Law has found that using this style of mediation, both parties are able to get more out of the process and have a higher likelihood of settlement. The goal is for at the end of the process, the documents are drafted and are ready to be filed with the Court. Mediation can be used for all family law cases, including divorce, parenting, post-divorce and guardianship. Mediation allows for teamwork and creative settlement ideas, outside of the Courtroom. Each party is allowed to end the mediation process at any point.

Conclusion

Both collaborative law and mediation are excellent options for avoiding litigation. Litigation can be far more costly, emotionally taxing and gives individuals less control of the outcome. Collaborative law is team-based and involves professionals which are able to give expert advice on different aspects of settlement. Mediation allows individuals to settle without Attorneys, but while allowing parties to have a hands-on role in shaping the agreement with the neutral mediator.

Contact Us

If you’re interested in scheduling a consultation with a collaborative Attorney or a joint orientation with a mediator, please give Morneau Law a call at 603-943-5647 or click here. Should you have additional questions on either collaborative law or mediation, please review additiona information on our website here.