Collaborative Alliance Tasmania - Resolving disputes respectfully
Consider your options
 
 
There is an alternative to Conventional Litigation...
...Collaborative Mediation. 
         
Collaboration is a new way to resolve disputes respectfully without going to Court. The table below, prepared by the International Academy of Collaborative Professionals (IACP), highlights the key features of Collaboration v Conventional Litigation.
 
 
Collaboration v Conventional Litigation
Collaboration
Litigation
 Who Controls the Process
Parties control process and decisions
Judge controls process and makes final decision
 Degree of Adversity
Parties pledge mutual respect and openness
Court process is adversarial
 Cost
Costs are manageable: team model is time and financially efficient
Costs are often unpredictable and may escalate rapidly
 Timeline
Parties and support team create timetable
Judge sets the timetable: heavy caseloads may cause delays
 Use of Outside Experts
Jointly retained specialists provide  information and guidance helping parties develop informed, mutually beneficial solutions
Separate experts may be hired to support the litigants' positions, at expense to each party
 Involvement of Lawyers
Collaboration works towards a mutually created settlement
Litigation involves winners and losers
 Privacy
The process, discussion and negotiation details are kept private
Disputes in open court become a matter of public record
 Communication
Collaborative Team educates and assists parties to communicate effectively 
No process designed to facilitate communication between parties except by Court order
 Lines of Communication
Parties communicate directly with the assistance of members of their team
Parties negotiate only through lawyers
 Court Involvement
Outside court
Court-based
 
Which process appeals to you?