In mediation, there is one neutral professional who helps thedisputing parties try to settle their case. Mediation can be challenging where the parties are not on a level playing field withone another, because the mediator cannot give either party legal advice, and cannot help either side advocate its position. If the mediator does not find a way to deal with the problem, the mediationcan break down, or the agreement that results can be unfair, but parties are advised to seek their own legal advice.

Collaborativelaw was designed to deal with this problem, while maintaining thesame absolute commitment to settlement as the sole agenda. Each sidehas legal advice and advocacy built in at all times during the process. Even if one side or the other lacks negotiating skill orfinancial understanding, or is emotionally upset or angry, theplaying field is levelled by the direct participation of the skilled lawyers. It is the job of the lawyers to work with their own clientsif the clients are being unreasonable, to make sure that the processstays positive and productive.