Sunday, January 3, 2010

Mediation or Collaborative Lawyers? (Part 2)

Increasingly in my practice couples come to me for mediation when one of the two - usually the wife - has a decided preference for Collaborative Practice. The "preference" derives from an intuitive sense that she would be much more comfortable with the protection and support of a Collaborative Lawyer who will advocate without being adversarial. Negotiating for oneself in mediation is not for everybody, and not even for all well-educated, competent and articulate adults. The problem in these situations is that the Husband is typically adamant about mediation. My view is that either person should have veto power over mediation which is supposed to be, after all, a voluntary process. The Husband will not be disadvantaged by having a Collaborative Lawyer. The Wife may well be disadvantaged by not having one.