0:04
so the difference in the attorney’s role
0:06
in mediation and collaborative is that
0:09
in in mediation the lawyer is not
0:11
representing either party so their their
0:13
role is not um advising the parties
0:16
their role is to neutrally um get an
0:19
agreement and so they will do so by
0:22
informing the parties of what the law is
0:26
and you know what a court would do often
0:28
times but they’re not there to help them
0:31
to decide or to advise them as to what
0:34
would be in their interest collaborative
0:36
is is not that way you each party does
0:39
have their own attorney who is assisting
0:42
them and helping them to determine their
0:43
interest and create interest-based
0:46
decisions and in doing that um the law
0:50
is brought in because it is an informed
0:52
process but it’s brought in carefully
0:55
and not in a way that creates polarity
0:58
so the way that we usually do it in
1:00
collaborative is both attorneys get
1:02
together let’s say there’s a particular
1:04
legal issue the lawyers get together and
1:07
discuss it and then it’s brought forward
1:10
by both lawyers in terms of here’s what
1:12
the law is and here’s what the range of
1:14
possibilities are so that the parties
1:18
have the spectrum of of um of potentials
1:22
and then they can choose to go with the
1:24
law or not go with the law that’s the
1:26
beauty of collaborative is you there’s a
1:28
lot more creativity that’s available for
1:32
creating Solutions than just the law
1:35
model however it you know it is an
1:37
informed process so the law is brought
1:40
in so the lawyer’s role is to bring in
1:43
the law and to assist in supporting the
1:47
parties in creating interest based
1:49
Solutions and then obviously creating
1:51
the paperwork and the the contracts that
1:53
are necessary to complete the divorce
1:56
process