Law Office of Susan E. McCabe - Differences Between Mediation and Collaborative Family Law

Susan E. McCabe, Attorney/Mediator
750 Kimball Road
Highland Park, IL 60035
(847) 639-5676

Some clients prefer the direct involvement of their attorneys when discussing a dispute or the many issues surrounding a divorce. Other clients are comfortable managing the discussions for themselves with a neutral third party, and consult with an attorney as needed.

Mediation

Clients meet with the mediator, who is a neutral third party and does not represent either person.
The retention of attorneys is recommended during mediation, and mediation clients typically receive legal advice outside of the mediation sessions.
Other professionals are often utilized, as desired by the clients.
Neutral financial advisors, child specialists, and/or mental health professionals are available as needed.
Mediators draft the clients’ agreements, which the attorneys review, discuss with and provide advice to their clients.
The attorneys may complete the court process; however, sometimes the clients do so.

Collaborative Family Law

Both the clients and their attorneys meet together to discuss the various matters in need of resolution.
Attorneys are always retained in a collaborative case. The attorneys should be trained in both the collaborative model and in dispute resolution skills.
Collaborative coaches, financial advisors, and child specialists are part of the collaborative “team” and they meet with the clients separately or in a joint session, as determined by the clients.
The attorneys draft all documents and necessary court filings.
The attorneys complete the court process, which typically
involves only one Court appearance.

"The attitude of each party’s attorney will have a direct impact on the nature and intensity of the conflict and the potential for effective resolution. Lawyers who pride themselves in aggressively representing their clients may be fighting more for their own needs than for those of their client.”

Ann Milne