Mediation & Collaborative Law

//Mediation & Collaborative Law
Mediation & Collaborative Law 2018-02-06T16:58:27+00:00

Jennifer M. Harvey is an experienced litigator who enjoys arguing clients’ cases in court. She has an acute understanding, however, that not all cases or clients benefit from this avenue of resolution. In court, all parties lose any control over the outcome to the judge, who often makes decisions where no one walks away happy and relationships are forever damaged. In many situations, all parties to a dispute can benefit from a less confrontational approach. These cases can be resolved most effectively using an alternative dispute resolution (ADR) technique such as mediation or collaborative law.

Mediation

The mediation process involves a neutral third-party mediator who works as a go-between for the parties, assisting in negotiating a resolution that is the result of give-and-take from both parties. Both parties must agree to the terms of the proposed agreement. Each side will often receive some benefit from the end result while also making concessions. This gives more control to the parties who can make the decisions together rather than going through the time and expense of trial and leaving the decisions of the case to the judge alone.

Jennifer M. Harvey has represented parties in countless mediations for disputes involving business, family law, and probate. She is also a trained and certified mediator whose personality and approach to dispute resolution help parties and their lawyers identify the actual areas of dispute, discover what they say they want (and what they actually want), and help parties think outside the box to obtain creative and innovative solutions to accomplish both parties’ goals.

Collaborative Law

Collaborative law is the newest method of alternative dispute resolution. This approach can be used for any legal dispute, but has gained a lot of traction in family law and divorce. It is a manner of practicing law in which the attorneys for both parties act in the counsellor rather than attorney role by assisting the clients to resolve disputes with cooperative methods instead of adversarial strategies and litigation. Both attorneys and parties involved dedicate themselves to achieving a full and final negotiated outcome. It is agreed that no litigation will be commenced during the negotiations.

The parties and their lawyers enter into a “Participation Agreement” where it is agreed that if a settlement is not reached, the lawyers will withdraw from the process and not participate in the ensuing litigation. It is understood by all involved that the attorneys’ role is strictly limited to settlement negotiations.

The most important element of the collaborative approach is that the lawyers commit to manage the conflict, emotional issues, and relationship issues creatively.

Jennifer M. Harvey has represented numerous clients using the collaborative process and likes to be a part of the transformative process where legal and practical disputes are resolved, clear and healthy boundaries are drawn and honored, and relationships are preserved.