Academy of Collaborative Divorce Professionals | Advantages of Collaborative Law in Divorce and Legal Separation
Learn how collaborative divorce compares to divorce using the litigation process.
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Advantages of Collaborative Law

Why is the collaborative process better than litigation?

Litigation Process:

  • Parties in disputes often feel intimidated, fearful, anxious, powerless, out gunned, and not in control. The litigation process does nothing to calm this uneasiness and, in fact, a common litigation tactic is to attempt to make the other side so uncomfortable they are coerced into settling.
  • Process focused on assessing blame.
  • Unpredictable results; things happen that you do not want to happen.
  • Unsafe and uncomfortable atmosphere – You are subject to cross examination and all your family and friends may be subject to depositions and subpoenas for court hearings.
  • Public forum.
  • Inconvenient scheduling for the parties.
  • Limited informal exchange of information.
  • Since the case is still on the court’s docket, the lawyers and clients must spend time and money preparing for trial, even if everyone wants to focus on settlement.
  • Expenses can become uncontrollable. Other side can force you to spend lots of money on activity you do not want to participate in – depositions, discovery, hearings.
  • Very difficult, if not impossible, to successfully move from litigation to Collaborative Law.

Collaborative Process:

  • Collaboration process affirmatively seeks to make both parties feel safe, respected, in control of their lives, and as comfortable as possible while working toward resolution.
  • Process focused on the future; seeking solutions rather than assessing blame.
  • Predictable results – you and your spouse pledge to do nothing unless both of you agree.
  • Safe atmosphere – civil, dignified, respectful.
  • Private and confidential.
  • Schedules for meetings are by agreement.
  • Transparent process – same information available to both parties. Parties develop options for resolution in joint meetings.
  • 100% of all time and money is spent on settlement efforts – fewer wasted resources.
  • All expenses are discussed and agreed upon.
  • Can try collaboration – if it does not work, you can always litigate.