Seven Ways That Mediation and Collaborative Practice Intersect

Many clients want to use the neutrality of mediation but also want the advice and protection of an attorney who would both be mediation friendly and supportiveof it and affordable. In fact, mediation and collaborative professionals can intersectin a case in at least seven ways:

1. Advise clients about mediation at the initial consultation, and compare and

contrast it with collaborative law.

2. If your client chooses mediation, you can provide unbundled professional services

with a collaborative perspective outside mediation sessions.

3. If your client chooses mediation, review and draft agreements reached in mediation and negotiate further for clients outside mediation sessions.

4. If your client chooses mediation, you can provide collaborative coaching and

representation at the mediation session itself.

5. Bring in a mediator at the beginning of the collaborative process.

6. Bring in a mediator if problems or an impasse develop during the collaborative

process or if the collaborative process is suspended or terminated.

7. Bring in a mediator to resolve conflicts between professionals.

Forrest S. Mosten, Collaborative Divorce Handbook (Jossey-Bass, 2009). Reprinted with Permission