Collaborative Divorce vs. Litigation

Collaborative Divorce

Husbands and wives, assisted by trained attorneys, reach a settlement with minimal antagonism.
A structured and controlled setting encourages trust and objectivity in the negotiations.
Legal costs can be contained.
Parties can protect children’s feelings and interests.
Attorneys and spouses can craft more creative property agreements and custodial arrangements.
Negotiations occur in a neutral environment and on a timetable agreed upon by the parties.
Parties begin working towards settlement at the first meeting.
Since there are no public hearings, confidentiality is more easily maintained.

A “win at all cost” system pits lawyer against lawyer, husband against wife.
Continuing conflict aggravates existing painful emotions.
Legal costs soar.
As the conflict escalates, children suffer.
A judge divides property and establishes custodial provisions using standards that may not meet families’ particular needs.
Negotiations all too often take place in crowded courthouses under intense pressure.
Proceedings may be prolonged.
Most of the cases settle, but only after damage has been done and substantial costs have been incurred.

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