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Collaborative law is a legal process enabling parties who have decided to separate or end their partnership to work with their lawyers and, on occasion, other professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties. This is a voluntary process initiated when the parties sign a contract (called the "participation agreement"), binding each other to the process and disqualifying their respective lawyer's right to represent either one in any future related litigation. The collaborative process can be used to facilitate a broad range of other issues, including disputes between other outside parties and drawing up other contracts. Collaborative law processes also have the added benefit of being cost efficient for the involved parties. As the necessary tasks in the collaborative model are assigned to specialist professionals without duplication of effort.
Arbitration is a well-established and widely used means to end disputes. It is one of several kinds of Alternative Dispute Resolution, which provide parties to a contention with a choice other than litigation. Unlike litigation, arbitration takes place out of court. The parties select an impartial third party, the arbitrator, and agree in advance to comply with the arbitrator's award. The parties then participate in a hearing at which both sides can present evidence and testimony. The arbitrator's decision is usually final and binding.
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Mediation is a voluntary non-adversarial process in resolving disputes between two or more parties in an amicable and cost-effective manner. The mediator acts as a neutral third party and facilitates the process to assist the parties to promote reconciliation, understanding and negotiate settlement. The process is private and confidential. Various techniques are used to open and improve, dialogue and empathy between disputants, aiming to help the parties reach an agreement.
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