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