Comparison to Litigation

Collaborative Litigation Who Controls the Process You and your spouse or partner control the collaborative process, working together with the support and guidance of your collaborative team.  You and your spouse or partner make all final decisions in reaching agreement. The Judge controls the process and makes final decisions.  His or her actions and decisions are based on the law, the evidence presented, and legal steps taken by your lawyer.  The Court is not as free to create workable resolutions to your individual situation as you are in working with your collaborative team. How Adversarial is the Process You and your spouse or partner pledge mutual respect and openness. Your collaborative team also supports these values. The court process is based on an adversarial model. You may have no control over how adversarial the process can become. Cost Costs can be managed more easily than in litigation. Usually less expensive than a litigated case. Use of a team is financially efficient. Collaborative settlements result in less litigation following the divorce or separation. Costs can be unpredictable, and can escalate rapidly. Litigated cases often result in returning to court after the judgment, increasing long-term costs. Timetable You and your spouse or partner move through the process at your own pace.  If issues need a longer time for resolution, you have it. The Judge and the court case management system set the timetable once a case is filed.  You can be forced into court before you are ready, or your case can be delayed due to crowded dockets. Use of Experts Jointly retained specialists, committed to both of you and the collaborative process, provide information, guidance, and professional advice, helping you and your spouse or partner to develop informed, mutually beneficial solutions. Separate experts are hired to support each litigant's position, often resulting in great expense, and a "battle of the experts." Involvement of Lawyers Lawyers work toward a mutually agreeable settlement, addressing all the needs and priorities of each party and the children. Lawyers zealously represent their cient's position, often at the expense of the emotional needs and well-being of the other party and the children. Failure to make full financial disclosure can also be a result of zealous representation. Privacy The process, discussions, and expert reports are private. The parties can agree on the exact confidentiality provisions they want. Court cases are public record, and hearings are open to the public. Anyone, from nosy neighbors to the media, can look at your file, or attend your hearings. Facilitation of Communication The collaborative team will educate and assist you and your spouse or partner on effective, respectful communication. Although some lawyers and judges try to help the parties communicate, it is not really their function within the system to do so. Lines of Communication The parties and all members of the team can communicate directly with each other through the process of collaborative meetings. When there is little or no communication between the parties, they communicate through their lawyers. The lawyers may or may not communicate well with each other. Communication with opposing experts is formalized through the discovery process. Court Involvement Settlement takes place outside of the court process.  The court is only involved to grant the final divorce, and to make the agreement a court order. If no agreement is reached prior to the final hearing, all decisions will be made by the court. < Prev   Next >