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.

For more information, click on these links:

The Process
Team Approach
Disclosure of Information
Confidentiality
Collaborative Law vs. Litigation

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Posted April 13, 2012 by Brenda Thompson at Free To Be Therapy

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