Collaborative Law: A New, More Peaceful Approach to Family Law

By: Jennifer Tull

There is no way around the fact that divorces create difficult circumstances for families. Emotions run high; clients fear the worst about their financial futures; children sometimes bear the brunt of their parents’ anger and frustration. Litigation makes matters worse.

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	30	31

Collaborative Law: A New, More Peaceful Approach to Family Law

By: Jennifer Tull

The Collaborative Process vs. Traditional Litigation

Collaborative Process

Traditional Litigation

Atmosphere

Environment

Costs

Privacy

Flexibility

Timeliness

Recovery

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