Collaborative Divorce v. Litigation

COLLABORATIVE DIVORCE LITIGATION
Husbands and wives, assisted by trained attorneys, reach a settlement with minimal antagonism. A “win at all cost” system pits lawyer against lawyer, husband against wife.
A structured and controlled setting encourages trust and objectivity in the negotiations. Continuing conflict aggravates existing painful emotions.
Legal costs can be contained. Legal costs soar.
Parties can protect children’s feelings and interests. As the conflict escalates, children suffer.
Since there are no public hearings, confidentiality is more easily maintained. Confidential financial and personal matters become public record and open to scrutiny.
Attorneys and spouses can craft more creative property agreements and custodial arrangements. A judge divides property and establishes custodial provisions using standards that may not meet families’ particular needs.
Negotiations occur in a neutral environment and on a timetable agreed upon by the parties. Negotiations all too often take place in crowded courthouses under intense pressure.
Agreements can be reached more efficiently. Proceedings may be prolonged.
Parties begin working towards settlement at the first meeting. Most of the cases settle, but only after damage has been done and substantial costs have been incurred.

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