Mediation & Collaborative Divorce Attorney in Sacramento, California
What role do you play in a divorce mediation?
What role do you play in a divorce mediation?
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So the difference in the attorney’s role in mediation and collaborative is that in mediation, the lawyer is not representing either party. Their role is not advising the parties; their role is to neutrally get an agreement, often by informing the parties of what the law is and what a court would typically do. However, they’re not there to help them decide or advise them on what might be in their interest.
Collaborative, on the other hand, is different. Each party has their own attorney who assists them, helping them determine their interests and make interest-based decisions. The law is included in the process because it is an informed approach, but it’s brought in carefully to avoid creating polarity.
In collaborative law, both attorneys may come together if there’s a particular legal issue. They discuss it and then jointly present the law and the range of possible outcomes to the parties. This gives the parties the spectrum of potential solutions, allowing them to choose whether to follow the law or take a different approach. This flexibility is one of the key advantages of the collaborative model, as it allows for more creative solutions beyond the constraints of the law.
However, the process is still informed by legal standards, and the lawyer’s role is to bring in the law as needed, assist in developing interest-based solutions, and prepare the necessary paperwork and contracts to complete the divorce process.
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.
