MEDIATION OR COLLABORATIVE LAW PROCESS DURING COVID-19

MEDIATION OR COLLABORATIVE LAW PROCESS DURING COVID-19

Family Law and the COVID-19 crisis has taken a large number of people by surprise regarding their legal options during these national health emergencies. And, it also opens the door to alternative forms of problem resolution including the mediation process, collaborative law process, and other forms of problem resolution that a lot of people have relegated to the back of their options.

Mediation is a private process where a neutral third person called a mediator helps the parties discuss and try to resolve the dispute. The parties have the opportunity to describe the issues, discuss their interests, understandings, and feelings; provide each other with information and explore ideas for the resolution of the dispute. The mediator does not have the power to make a decision for the parties, but can help the parties find a resolution that is mutually acceptable.

In collaborative law, the process works with two clients and two attorneys working together toward the sole goal of reaching an efficient, fair, comprehensive settlement of all issues outside of the courthouse without exposing the public or the court staff to danger from the COVID-19 threat.

In collaborative law, each party selects independent collaborative counsel. Each lawyer’s retainer agreement specifies that the lawyer is retained solely to assist the client in reaching a fair agreement.