In mediation, there is one “neutral” third party who helps the disputing parties try to settle their case. The mediator, who may or may not be a lawyer, cannot give either party legal advice, and cannot be an advocate for either side. If there are lawyers for the parties, they may or may not be present at the negotiation.
Collaborative Law was designed to allow clients to have their lawyers with them during the negotiation process, while maintaining the same absolute commitment to settlement as the sole agenda. Each client has quality legal advice and advocacy built in at all times during the process. It is the job of the lawyers to work with their own clients and one another to assure that the process stays balanced, positive and productive.