Collaborative mediation is a process where the parties and their respective counsel meet together in a neutral environment to discuss their dispute. The process involves collaborative techniques such as brainstorming, identifying options, assessing pros and cons of those options, and discussing the best way forward. The goal of collaborative mediation is to reach a mutually acceptable outcome without necessarily resorting to litigation. Collaborative mediation is often used in business disputes and other commercial matters where the parties have no history of acrimony and there is no imminent risk of litigation.In traditional mediation, the parties meet with a professional mediator who guides them through the dispute resolution process. The mediator is an impartial third party who helps the parties identify the issues in dispute, explore possible solutions to those issues, and then discuss how they can work together to achieve those solutions.
The main benefit of collaborative mediation is that it aims to resolve disputes without costly and time-consuming litigation. This can be particularly helpful in business contexts where the parties have no history of acrimony and there is no imminent risk of litigation. In such cases, all parties benefit from a thorough investigation of the dispute so that they can reach a mutually acceptable outcome without incurring unnecessary costs.Collaborative mediation also has the advantage of creating a forum for parties to discuss their dispute in a non-confrontational manner. This can help smooth over any lingering ill-will that might otherwise complicate future business relationships.
During collaborative mediation, the parties meet with a neutral third party in a confidential setting to discuss their dispute. The third party helps the parties identify the issues in dispute, explore possible solutions to those issues, and then discuss how they can work together to achieve those solutions. The parties then sign a written agreement to resolve their dispute through mediation.If the parties fail to reach an agreement, the mediation ends and the parties are free to pursue their dispute in court. If the parties agree to resolve their dispute through mediation, they sign a written agreement that includes the terms of the dispute resolution process.
Collaborative mediation has several advantages over traditional mediation. First, it allows parties to discuss their dispute in a non-confrontational manner. This can help smooth over any lingering ill-will that might otherwise complicate future business relationships. Second, collaborative mediation allows parties to explore their dispute in more detail than is possible in traditional mediation. This can help parties identify potential solutions that might not have occurred to them in a more cursory mediation.Finally, collaborative mediation can be less expensive than traditional mediation. In collaborative mediation, the parties are not required to pay the cost of a third-party mediator. This can reduce the overall cost of the dispute resolution process.
Collaborative mediation also has several disadvantages. First, it is less formal than traditional mediation. This can make it harder for the parties to focus on the issues in dispute and find solutions to those issues. This can be particularly problematic in business disputes where the parties have a strong need to maintain a high level of formality.Second, collaborative mediation is less common than traditional mediation. This can make it more difficult for parties with a dispute to find an appropriate mediation professional. Moreover, parties who do not know anyone with experience in mediation may not be able to find a suitable professional.Finally, collaborative mediation can take longer than traditional mediation. This can be problematic if the parties have a pressing need to resolve their dispute quickly.
Collaborative mediation has several advantages over traditional mediation. It allows parties to discuss their dispute in a non-confrontational manner. This can help smooth over any lingering ill-will that might otherwise complicate future business relationships. It also allows parties to explore their dispute in more detail than is possible in traditional mediation.Finally, collaborative mediation can be less expensive than traditional mediation. In collaborative mediation, the parties are not required to pay the cost of a third-party mediator. This can reduce the overall cost of the dispute resolution process.