COLLABORATIVE APPROACH VS. COURT LITIGATION

Collaborative Approach:
You and your spouse control the process and make the final decisions.

Court Litigation:
A judge controls the process and makes the final decisions for you.

Collaborative Approach:
You and your spouse pledge mutual respect and openness.

Court Litigation:
The court process is based on an adversarial system which often involves attacking and tearing down the other party.

Collaborative Approach:
Costs are manageable, usually less expensive than litigation. A team model is financially efficient in the use of experts.

Court Litigation:
Costs are unpredictable and can escalate quickly. The court hearings and delays can all consume time and resources.

Collaborative Approach:
You and your spouse create the timetable and throughout the process, you will have much more scheduling flexibility.

Court Litigation:
A judge sets the timetable with crowded court dockets and frequent delays.

Collaborative Approach:
Jointly retained specialists provide information and guidance thereby helping you and your spouse develop informed, mutually beneficial solutions.

Court Litigation:
Each party hires his/her own experts to support differing positions, which creates a “battle of the experts” and which almost always results in a greater expense to both parties.

Collaborative Approach:
Your lawyers work toward a mutually created settlement.

Court Litigation:
Your lawyers fight to win, but someone has to “lose.”

Collaborative Approach:
The process, discussions and negotiation details are kept private.

Court Litigation:
The court process is open to the public and hearings often involve the testimony of friends and neighbors in open court.

Collaborative Approach:
A team of specialists educate and assist you and your spouse on how to effectively communicate.

Court Litigation:
There is no process that is designed to facilitate communication.

Collaborative Approach:
Completely voluntary.

Court Litigation:
Mandatory, if no agreement can be reached

Collaborative Approach:
You and your spouse communicate directly with each other with the assistance of members of your team.

Court Litigation:
Most communications are indirect through attorneys. Communications with a judge are formal and in open court.

Collaborative Approach:
Outside of court.

Court Litigation:
Court-based.

Collaborative Approach:
The focus is to resolve issues constructively in order to “get them behind you” and to allow you and your spouse to move on.

Court Litigation:
Past issues are often rehashed and the negativity of the divorce is frequently relived with a backward focus instead of a forward one.