Mediators
as Collaborative Law Professionals
Mediators are third-party-neutrals whose sole purpose
is to utilize conflict resolution skills and techniques to facilitate
productive communication in the CL process. Mediators may be used at
various points in the process, but are most often used in the initial
stages.
How is a Mediator different from a Divorce Coach?
A mediator's primary focus is communication facilitation,
whereas a Divorce Coach may be focused on a variety of circumstantial
needs (addiction, parenting, gender identity, medical, psychiatric,
religious, etc.).
How is a Mediator similar to a Divorce Coach?
Like coaches, mediators are expected to remain neutral
throughout the collaborative process, assist in facilitating communication,
clarify goals and objectives of the parties, develop trust, and work
in a team-based collaborative manner.
When is a Mediator helpful to the collaborative
process?
- As an
initial effort before the parties meet with other members of the collaborative
team.
- When communication
barriers are recognized between the two collaborative attorneys.
- To facilitate
four- or five-way conferences, especially if there is an expectation
of high emotion.
What are the benefits of using a mediator in
these situations?
- Using a
mediator as a first step helps the parties to quickly "weed out"
the difficult issues from those that can be easily resolved. This
also helps them feel empowered from the beginning, before they get
their respective attorneys involved. This often saves time and energy,
which are popular motivators of parties selecting collaborative law
in the first place.
- No matter
how long two attorneys have known each other or how committed they
are to the collaborative process, they may still encounter situations
that prevent them from seeing each other's point of view. Rather than
unnecessarily throwing the divorcing parties off balance with their
differences in a four-way conference, a mediator could help the attorneys
come to a common ground prior to a conference with the parties.
- High emotions
are expected at some point during divorce proceedings, even between
couples that appear to be extremely cooperative and reasonable in
the beginning. If a divorcing couple appears to be at high-risk for
breaking down and possibly abandoning the collaborative process, a
mediator may be called in to facilitate the four-way conference to
keep all parties on task and working toward common ground. Even if
it requires "shuttle" conferencing between the parties,
it may preserve the ultimate goal of keeping the parties from litigation.