What is Collaborative Mediation?
The collaborative practice is unique. Instead of working primarily with 2 lawyers, as in the traditional or collaborative divorce models, in Collaborative Mediation you work primarily with a mediator with a counseling background (Lee Hamilton). Then, as appropriate for your family we form a team of other professionals depending on your needs - legal, financial or child specialist.
I’ve found that this team-mediation model provides clients with the specific support they need. This is a good choice in cases where spouses are working amicably together, but need assistance getting through the divorce process . I also help facilitate difficult conversations, and help you bring your voice to the negotiation table.
A typical mediation session includes meeting both spouses together in a comfortable living room setting, but I also offer individual sessions. In these private meetings, you can share sensitive concerns and develop ways to bring your ideas and concerns to the table in a constructive manner.
Team Members
Coach Mediator. Coaches have mental health degrees and specialized divorce training. Emotional and communication support at every meeting can be a successful combination and often puts couples more at ease than other process options. In some cases where only family decision making is at issue and not legal decisions, the coach (Lee Hamilton) can serve as the sole mediator or process facilitator on the mediation team.
Attorney Mediator. The legal mediator educates about the law without providing legal advice or taking sides. Unlike collaborative law or traditional divorce representation, where joint meetings are conducted by the spouses' lawyers, in collaborative mediation an impartial attorney-mediator guides the couple through legal decisions, and can help clients file the court paperwork.
Child Specialist. The child specialists help in several different ways. In some cases, the child specialist is the child’s emotional support system, helping your child(ren) through this transition in a way that best services his or her needs. In others, s/he becomes the child's voice in the process. The child specialist can assists parents with a toolbox of tips and techniques that you can use to support your child(ren) through this often scary and uncertain time. They also help parents create the best plan for the children with everyone taking a caring and nurturing approach.
Financial Analyst. Collaborative financial analysts have specialized training in divorce, and are call CDFAs or Certified Divorce Financial Analysts. They work as a neutral professional to help couples with with spousal & child support, budgets, equitable division of property and debts, long term financial planning and more. The team draws on their expertise to make sure everyone is educated about their finances and the consequences of the options being considered. Individual sessions with a spouse who was never involved in the family’s finances or who need additional education about their financial estate can be arranged. In more complex matters, pension, appraisal, tax, other experts can be consulted.
Where Lawyers Fit In
In Collaborative Mediation clients are not required to have legal counsel, but can if they wish. Individual attorneys can counsel clients outside of mediation sessions developing options, giving legal advise, reviewing agreements, and generally helping clients bring their ideas and concerns to the mediation table in an amicable way. If particularly difficult issues arise, lawyers may be invited to a mediation session.
Collaborative Mediation utilizes collaboratively trained lawyers. Couples choose whether or not the collaborative lawyers will sign a participation agreement limiting their representation to supporting collaborative negotiations, or whether the lawyers will continue representation though litigation should mediation reach impasse. The use of attorneys is optional in the Collaborative Mediation process.
When Mediation Is Not the Best Fit
Collaborative Mediation is not a good option for someone who needs or wants a confidant and legal advice at every meeting, or for someone who is intimidated by his or her spouse. If that's the case for you or your spouse, you should choose collaborative law or traditional representation. Collaborative Mediation is best when each spouse feels they can speak for themselves, and make decisions for themselves once they receive the information and education needed to make informed choices.
In Summary
Collaborative Mediation is an attractive new process option that utilizes one or more impartial mediators, rather than 2 attorneys, to facilitate negotiations. It can be the right choice for couples who are concerned two-attorney representation will add an adversarial tone to negotiations. It can also be the right choice for couples who want to support each other in moving toward positive individual lives with their emotional and financial stability in tact.
I’ve found that this team-mediation model provides clients with the specific support they need. This is a good choice in cases where spouses are working amicably together, but need assistance getting through the divorce process . I also help facilitate difficult conversations, and help you bring your voice to the negotiation table.
A typical mediation session includes meeting both spouses together in a comfortable living room setting, but I also offer individual sessions. In these private meetings, you can share sensitive concerns and develop ways to bring your ideas and concerns to the table in a constructive manner.
Team Members
Coach Mediator. Coaches have mental health degrees and specialized divorce training. Emotional and communication support at every meeting can be a successful combination and often puts couples more at ease than other process options. In some cases where only family decision making is at issue and not legal decisions, the coach (Lee Hamilton) can serve as the sole mediator or process facilitator on the mediation team.
Attorney Mediator. The legal mediator educates about the law without providing legal advice or taking sides. Unlike collaborative law or traditional divorce representation, where joint meetings are conducted by the spouses' lawyers, in collaborative mediation an impartial attorney-mediator guides the couple through legal decisions, and can help clients file the court paperwork.
Child Specialist. The child specialists help in several different ways. In some cases, the child specialist is the child’s emotional support system, helping your child(ren) through this transition in a way that best services his or her needs. In others, s/he becomes the child's voice in the process. The child specialist can assists parents with a toolbox of tips and techniques that you can use to support your child(ren) through this often scary and uncertain time. They also help parents create the best plan for the children with everyone taking a caring and nurturing approach.
Financial Analyst. Collaborative financial analysts have specialized training in divorce, and are call CDFAs or Certified Divorce Financial Analysts. They work as a neutral professional to help couples with with spousal & child support, budgets, equitable division of property and debts, long term financial planning and more. The team draws on their expertise to make sure everyone is educated about their finances and the consequences of the options being considered. Individual sessions with a spouse who was never involved in the family’s finances or who need additional education about their financial estate can be arranged. In more complex matters, pension, appraisal, tax, other experts can be consulted.
Where Lawyers Fit In
In Collaborative Mediation clients are not required to have legal counsel, but can if they wish. Individual attorneys can counsel clients outside of mediation sessions developing options, giving legal advise, reviewing agreements, and generally helping clients bring their ideas and concerns to the mediation table in an amicable way. If particularly difficult issues arise, lawyers may be invited to a mediation session.
Collaborative Mediation utilizes collaboratively trained lawyers. Couples choose whether or not the collaborative lawyers will sign a participation agreement limiting their representation to supporting collaborative negotiations, or whether the lawyers will continue representation though litigation should mediation reach impasse. The use of attorneys is optional in the Collaborative Mediation process.
When Mediation Is Not the Best Fit
Collaborative Mediation is not a good option for someone who needs or wants a confidant and legal advice at every meeting, or for someone who is intimidated by his or her spouse. If that's the case for you or your spouse, you should choose collaborative law or traditional representation. Collaborative Mediation is best when each spouse feels they can speak for themselves, and make decisions for themselves once they receive the information and education needed to make informed choices.
In Summary
Collaborative Mediation is an attractive new process option that utilizes one or more impartial mediators, rather than 2 attorneys, to facilitate negotiations. It can be the right choice for couples who are concerned two-attorney representation will add an adversarial tone to negotiations. It can also be the right choice for couples who want to support each other in moving toward positive individual lives with their emotional and financial stability in tact.