In mediation, a neutral third party (the Mediator) assists parties in negotiating a settlement of their legal dispute with a goal of reaching agreement. As with Collaborative Practice, emphasis is on respectful communication and cooperation.

Unlike Collaborative Practice where each party retains a trained collaborative attorney who gives his or her own client legal advice and serves as that client’s advocate, a mediator cannot advocate for any party in the mediation and cannot give legal advice. The mediator will advise parties to consult with an attorney for each of them for legal advice and guidance either in the mediation or outside the process. If an agreement is reached, the mediator may draft the agreement, and will again advise clients to have it reviewed by his or her respectful attorney. If the mediation does not result in a settlement, each party may use his or her attorney for litigation.

The attorneys at Pellish and Pellish use an understanding-based method of mediation in their practice. This method relies on the power of understanding rather than the power of coercion or persuasion. In this model, the primary responsibility for whether or how the dispute is resolved is with the parties, who are the best measure of what is at stake in their dispute and who are the ultimate decision makers about what is best for each of them considering their own particular circumstances.