Collaborative Law vs. Litigation

Litigation Process Descriptors
• 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 atmosphere – You are subject to cross examination and all your family and friends may be subject to depositions.
• Public forum.
• Inconvenient scheduling for the parties.
• No free and 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 though 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 Descriptors
• Collaboration process affirmatively seeks to make both parties feel safe, respected, in control of their lives, and as comfortable as possible while working towards 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.

Leave a Reply

Your email address will not be published. Required fields are marked *