Mediation vs Collaborative Family Law: What’s the Difference?

Going through a separation does not automatically mean ending up in Court. Parenting and property matters can be worked through in several different ways, and two options you may hear about are mediation and collaborative family law.

Both processes are designed to help families work towards an agreement without beginning with litigation. They can also give you more control over how the issues are resolved. The main difference is in how each process is structured and the way the discussions are approached.

What happens at mediation?

Mediation gives both people a structured opportunity to negotiate parenting arrangements or a property settlement with the assistance of an independent mediator.

This does not necessarily mean sitting across a table from your former partner for the entire day. Mediation can take place as a round-table process, where everyone sits together to discuss the issues, or as a shuttle mediation. In a shuttle mediation, each person remains in a separate room while the mediator moves between the parties and their lawyers to help work through the negotiations.

For people who are concerned about having to sit face-to-face with their former partner, that distinction can make mediation feel much more manageable. The process can be structured around the circumstances of the family while still giving both people an opportunity to work towards an agreement.

At Wallen Family Law, mediation is often used for both parenting and property matters because it can provide a more direct way to resolve issues without lengthy written negotiations or immediately moving into litigation.

What is collaborative family law?

Collaborative family law also aims to resolve a matter outside Court, although the approach is slightly different.

Melody describes collaborative practice as looking at the family unit as a whole rather than simply taking one person’s position and placing it against the other person’s. The focus is on working towards an outcome that considers the needs of the family and, where children are involved, their best interests as well.

A collaboratively trained family law practitioner is required for this type of process.

For some families, this broader approach can feel more constructive than beginning with two opposing positions and negotiating backwards from them. It remains a legal process, but the emphasis is on finding a workable outcome for the family rather than treating the separation as a contest between two sides.

Is one approach better than the other?

Not necessarily. The important thing is understanding what each process is designed to achieve and which approach is most appropriate for the issues your family needs to resolve.

In some matters, direct negotiation or correspondence between lawyers may be enough to reach an agreement. In others, mediation can provide the structure needed to work through parenting or property issues with the assistance of an independent mediator. Collaborative family law may suit families who want to approach separation more holistically and work towards an outcome that considers the family as a whole. Where an agreement cannot be reached through negotiation, mediation or collaborative practice, Court may ultimately become necessary.

The appropriate pathway will depend on the issues that need to be resolved, the level of conflict between the parties and whether both people are willing to participate meaningfully in the process.

Collaborative does not mean passive

Trying to reduce conflict does not mean avoiding difficult decisions or accepting an outcome that does not work for you.

Wallen Family Law’s approach is to avoid unnecessary correspondence that simply heats up an argument and, where appropriate, direct families towards processes such as mediation and collaboration. Melody explains that unnecessary conflict can increase legal fees, prolong the matter and make an already difficult situation harder. Pasted text

Where an agreement can be reached sensibly, there are processes designed to help families get there. Where an agreement cannot be reached, the option of going to Court remains available.

The aim is not to avoid strong legal action when it is genuinely required. It is to avoid creating a fight where there does not need to be one.

Not sure whether mediation or collaborative family law is the right approach for your situation?

Book a complimentary 15-minute consultation with Wallen Family Law to understand the different options available for resolving your family law matter.

This article provides general information only and should not be relied upon as legal advice. Every family law matter is unique and requires specific legal guidance.