Lawyer-supported mediation is a "non-adversarial method of
alternative dispute resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for ...
(ADR) to resolves disputes, such as to settle family issues at a time of
divorce or
separation
Separation may refer to:
Films
* ''Separation'' (1967 film), a British feature film written by and starring Jane Arden and directed by Jack Bond
* ''La Séparation'', 1994 French film
* ''A Separation'', 2011 Iranian film
* ''Separation'' (20 ...
, including child support, custody issues and division of property".
The approach sets out to integrate the contribution of family lawyer or solicitor with that of a family mediator. Users of lawyer-supported mediation first meet their respective lawyers to take advice before jointly attending mediation sessions. Legal advice is taken between sessions to inform options being discussed at mediation. Following mediation, the lawyers are called upon to review any agreement reached and to make aspects of it made legally binding. Since neither lawyer is initially being retained as a negotiator or litigator, the cost of legal advice is typically fixed for clients choosing lawyer-supported mediation.
In the event of lawyer-supported mediation failing to deliver a partial or full agreement, both parties are free to retain their respective lawyers to pursue
litigation
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
. This is not the case with
collaborative law
Collaborative law, also known as collaborative practice, divorce or family law, is a legal process enabling couples who have decided to separate or end their marriage to work with their collaborative professionals including collaboratively traine ...
where a breakdown in roundtable negotiations requires each party to instruct a new family lawyer before proceeding with court action.
United Kingdom
Lawyer-supported mediation is being pioneered in the
United Kingdom (UK). A pilot service covering Greater
London began in 2012.
More recently, UK retail giant the Co-op launched a fixed fee legal advice service for clients choosing family mediation.
According to figures released by the UK's Legal Services Commission, the success rate of publicly funded mediations in 2009/2010 stood at 70%.
United States
In 1989,
Arlen F. Gregorio created the first law partnership that focused exclusively on the mediation of civil trial matters.
The firm is known as Gregorio, Haldeman & Rotman and is located in San Francisco.
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See also
* Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ' ...
* Collaborative law
Collaborative law, also known as collaborative practice, divorce or family law, is a legal process enabling couples who have decided to separate or end their marriage to work with their collaborative professionals including collaboratively traine ...
* Alternative dispute resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for ...
References
{{Reflist, 2
Mediation