Family Law and the Collaborative Process

Whether you have heard of collaborative law or not, it is certainly changing the practice of family law in Texas. In 2000, some of the top family lawyers in the state got together and decided litigation was not an effective way of handling family law disputes.

The Collaborative Process vs. Traditional Litigation

Traditional litigation brings added tension and anger to an already difficult situation. The collaborative process encourages a more respectful and understanding approach. Clients and team members agree from the outset to work towards a mutually agreeable settlement and to avoid court intervention. Working together, all parties can resolve their difficulties in such a way that minimizes conflict and helps all parties move forward in a more positive direction.

Following is a comparison of the collaborative process versus traditional litigation.

	Collaborative Process	Traditional Litigation
Atmosphere	Both parties, assisted by trained professionals, work toward solutions. All parties agree to minimize antagonism and reach a settlement.	A "win at all costs" legal system encourages hostility and undermines cooperation.
Environment	A structured and controlled setting encourages trust and objectivity in negotiations.	Continuing conflict aggravates existing painful emotions.
Costs	Legal costs can be contained. Expenses are discussed and agreed upon at the beginning of the process.	Legal costs soar. Parties may be forced to spend money on undesired procedures.
Privacy	Since there are no public hearings, confidentiality is more easily maintained.	Confidential personal and financial matters become public record and are open to scrutiny.
Flexibility	Negotiations occur in an environment and on a timetable agreed upon by all parties.	Negotiations often take place in a crowded courthouse under intense pressure.
Timeliness	Agreements can be reached more efficiently.	Proceedings can be unnecessarily prolonged.
Recovery	Parties agree to settle at the outset, and they participate in a process that helps them heal and move forward.	Most cases settle--but only after the damage has been done and substantial costs have been incurred.

Su	Mo	Tu	We	Th	Fr	Sa
			1	2	3	4
5	6	7	8	9	10	11
12	13	14	15	16	17	18
19	20	21	22	23	24	25
26	27	28	29

Family Law and the Collaborative Process

The Collaborative Process vs. Traditional Litigation

Collaborative Process

Traditional Litigation

Atmosphere

Environment

Costs

Privacy

Flexibility

Timeliness

Recovery

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