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.
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.