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Collaboration or Mediation


Mediation is another alternative to the court process. How you answer the following questions will help you choose which alternative is best for you - Collaboration or mediation:

Collaboration or Mediation - Group Meeting

Mediation, like Collaboration, is based on the principle of "interest-based negotiations". The main difference is that in the mediation process, the mediator is neutral and therefore cannot give legal advice. Each spouse may have a lawyer who provides advice between mediation meetings. Except where mediation is part of the Collaborative Law process, spouses can and still do threaten to take court action.

In the Collaborative process, you and your spouse have the best of both worlds. There is no neutral mediator per se, but your lawyers are present at all four-way meetings and use mediation skills to achieve resolution of issues. Where Divorce Coaches are involved in Collaboration, they use their counselling and mediation training to work with you and your spouse to achieve an effective and long-term resolution.


Why Choose Collaboration:

  1. Built-in Legal Advice
    In the Collaborative process, you and your spouse each have of your own specially trained lawyer present in the meetings to provide legal advice to you.
  2. Power is Balanced
    In the Collaborative process, your lawyer is present with you at negotiations, so if you have difficulty expressing your needs or concerns, or if there is any significant power imbalance, your lawyer is there to help balance the power.
  3. Collaboration or Mediation - Positive Meeting
  4. Experts Can Assist
    The Collaborative process lets you jointly engage experts, such as Financial Advisors or Child Specialists, to assist you in achieving the best possible outcomes. This also helps to minimize costs.
  5. Financial Disclosure
    The Collaborative process requires mandatory financial disclosure, which facilitates open and frank discussion.