process may begin before pleadings are filed with the court; pleadings
are filed only after settlement is reached. Mediation may also
be court-referred if the litigation has been initiated.
process begins before pleadings are filed with the court; pleadings
are filed only after settlement is reached.
||The process begins
with the filing of pleadings with the court.
of the process is controlled by the parties, unless court-referred.
Court events may continue to be scheduled, if court-referred.
of the process is controlled by the parties.
of the process is controlled by the court.
||Spouses may or may
not be represented by attorneys during the mediation process;
one spouse must engage an attorney after a settlement is reached
to draft Agreement. Both are encouraged to use attorneys for consultations.
spouse is represented by an attorney throughout negotiation of
||Each spouse is represented
by an attorney in all court applications.
spouses meet with one mediator to negotiate settlement; attorneys
need not be present during mediation.
and attorneys meet in 4-way meetings to negotiate settlement;
attorneys are present with clients during negotiation.
||Attorneys for spouses
engage in negotiating settlement; attorneys are present with clients
throughout process; attorneys prepare for trial by exchange of
||In mediation, “discovery”
is informal and conducted in the process of a cooperative effort.
||In collaborative law,
“discovery” is informal and conducted in the process
of negotiating settlement with commitment to fair disclosure.
litigation, formal discovery is conducted pursuant to the court
Rules and may require court application.
||Mediation may be court-referred
but generally occurs away from the courthouse.
||There is no court
event in collaborative law until Agreement is reached or the process
fails. Parties and attorneys schedule meetings to reach settlement.
||Multiple court events
are required. Parties generally must attend.