Collaborative Mediation
McGill Law is honored to be the sole law firm in the Nebraska and Iowa area to offer Collaborative Mediation™.
What is Collaborative Mediation™? Collaborative Mediation™ is a hybrid of the two most efficient methods of divorce currently available – Collaborative Law and Mediation. Collaborative Mediation™ offers our clients one streamlined process that can be more satisfying than either process alone. The parties agree at the onset that they are going to work toward resolution in a transparent and respectful manner with the help of a neutral mediator.
Collaborative Mediation™ is an offshoot of Collaborative Practice in that litigation is off the table and we bring in other professionals, as needed, to assist the participants in reaching a fair agreement.
The mediation sessions are led by Theresa Loughran, a neutral and experienced family law attorney. The parties have the option of utilizing the assistance of a marriage/family counselor and/or a neutral financial advisor to guide them through the process. Specifically, Theresa offers education about the law and facilitates discussions without advocating or advising. She also helps the parties gather important information, develop options for an equitable property division and cohesive, family-centered parenting plan. The marriage/family counselor assists with the strong emotions either party experiences and offers tools for effective communication. The parties may also choose to utilize the expertise of a financial neutral that can offer advice on assets and debts, analyze budgetary needs, and help plan for a secure financial future.
Frequently Asked Questions About Collaborative Mediation™
What is Collaborative Mediation™?
Collaborative Mediation™ combines elements of collaborative law and mediation into a single process. Participants work together with a neutral mediator to identify issues, exchange information, and develop mutually acceptable solutions without going to court.
How is Collaborative Mediation™ different from traditional mediation?
Traditional mediators facilitate discussion but may not have legal training. Collaborative Mediation™ is led by an experienced family law attorney who provides legal education about the process while remaining neutral and helping participants reach informed decisions.
Do I need to hire my own attorney?
Participants may choose to consult with independent attorneys before, during, or after mediation. Collaborative Mediation™ is designed to help parties work together, but each person has the option of obtaining independent legal advice.
Can Collaborative Mediation™ help with parenting plans?
Yes. Parenting plans, custody arrangements, communication expectations, and future decision making are common topics addressed through Collaborative Mediation™.
Can Collaborative Mediation™ help with property division and financial issues?
Yes. The process can address division of assets and debts, budgeting concerns, support issues, and other financial matters. Financial professionals may also be brought into the process when appropriate.
Is Collaborative Mediation™ confidential?
Generally, discussions that take place during mediation are confidential. This allows participants to communicate more openly while working toward resolution.
What happens if we cannot reach an agreement?
If an agreement cannot be reached, participants retain the ability to pursue other legal options. However, many families find that the collaborative process helps them resolve issues more efficiently than traditional litigation.
Is Collaborative Mediation™ right for every family?
Collaborative Mediation™ works best when both participants are willing to communicate respectfully, exchange information honestly, and work toward mutually acceptable solutions. During a consultation, we can discuss whether this process may be a good fit for your situation.
Meet Your Collaborative Mediator
Theresa Loughran
Partner | Collaborative Divorce Attorney | Collaborative Mediator™
Theresa Loughran helps families resolve conflict outside of the courtroom through Collaborative Mediation™. As an experienced family law attorney, she guides clients through difficult conversations with a focus on education, problem solving, and practical solutions. Her goal is to help participants reach agreements that support their family's future while reducing the emotional and financial costs often associated with litigation.