Sacramento, CA family law attorney Mary Molinaro talks about the role she plays in a divorce mediation. The primary difference in an attorney’s role between mediation and collaborative law is that, in mediation, the lawyer does not represent either party. Instead of providing advice, the lawyer’s role is to remain neutral and work toward an agreement. This is often done by informing both parties about the relevant legal standards and typical court outcomes, without guiding them toward specific interests or decisions.

In collaborative law, however, each party is represented by their own attorney who actively supports them in identifying their interests and creating interest-based solutions. While the legal framework is integrated into the process to ensure informed decision-making, it is introduced in a way that minimizes conflict.

When a specific legal issue arises in collaborative law, both attorneys may consult together, and then jointly present the legal framework and range of possible outcomes to both parties. This approach provides the parties with a full spectrum of options, allowing them to decide whether to follow the legal guidelines or explore alternative solutions. This flexibility is a significant advantage of the collaborative model, as it allows for more creative resolutions beyond strict legal constraints.

Despite this flexibility, the collaborative process remains grounded in legal principles. The attorney’s role includes bringing in relevant legal information as needed, supporting interest-based solutions, and preparing the necessary documentation to finalize the divorce.