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 successful litigation tactic is to make the other side so uncomfortable they are coerced into settling.
Process focused on determining blame for problems.
Things happen that you do not want to happen.
Unsafe atmosphere – subject to cross examination, depositions.
Inconvenient scheduling – court determines the parties’ schedules.
Secretive – play hide the ball,
mislead and deceive the other side.
Usually negotiate through lawyers.
Much more time and money spent getting ready for trial that most likely will never occur. Little time spent on settlement. 95% of cases settle but 95% of legal fees are not spent on settlement efforts.
Legal 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.
Cannot just “try” litigation.
The Dallas Alliance of Collaborative Family Lawyers
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 – coercion is not part of the process.
Process focused on reaching solutions to problems.
Nothing happens unless you agree to it.
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 “4 way” meetings.
100% of all time and money is spent on settlement efforts – fewer wasted resources.
All legal expenses are discussed and agreed upon. Legal resources are efficiently used.
Can try collaboration – if it does not work, you can always litigate.