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
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
or
separation, 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 one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. ...
. This is not the case with
collaborative law
Collaborative law, also known as collaborative practice, divorce, or family law, is a legal process through which couples who have decided to separate or end their marriage work together with a team of collaboratively trained professionals inclu ...
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 formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitrati ...
* Collaborative law
Collaborative law, also known as collaborative practice, divorce, or family law, is a legal process through which couples who have decided to separate or end their marriage work together with a team of collaboratively trained professionals inclu ...
* 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
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Mediation