Litigation
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Collaborative Law
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| Parties in disputes often feel intimidated, powerless, and not in control. A common litigation tactic is to make the other side so uncomfortable they are coerced into settling. |
Seeks to help both parties feel safe, respected, in control of their lives, and as comfortable as possible while collaborating towards resolution.
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| Focused on blame. |
Focused on solutions. |
| Process and solutions are defined by legal dictates. |
Adaptable process and creative solutions not confined to the law model. |
| Things often happen that you do not want to happen. |
Nothing happens unless you agree to it. |
| Adversarial atmosphere – use of hostile cross-examination, depositions, formal discovery. |
Safe atmosphere – designed to be civil, dignified, respectful. |
| Public. |
Private and confidential. |
| Inconvenient scheduling – court dictates the parties’ schedules. |
Schedules for meetings are by agreement of all participants. |
| Secretive – play “hide the ball,” mislead and deceive. |
Transparent Process – same information available to both parties. |
| Lawyers engage in positional bargaining. |
Parties develop options for resolution in joint meetings. |
| Time and money spent getting ready for trial that most likely will never occur. Little time spent on settlement. |
All time and money is spent on settlement efforts – fewer wasted resources. |
| Litigation expenses can become uncontrollable. |
All case-related expenses are discussed. Parties’ resources are efficiently used. |
| Cannot just “try” litigation. |
Can try the Collaborative Law process – if it does not work, you can litigate. |
| Destroys family unity and integrity. |
Preserves the integrity of the restructured family. |
