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Factors to Consider in Choosing a Collaborative Divorce

Five Important Considerations In Choosing Collaborative Law

For many people, not litigating, or going to court, is more beneficial than going to court. Collaborative Law is an ideal method of resolving property division, child and spousal support issues and child custody issues.

There are traditionally three methods of resolving these disputes. Traditional litigation is the most common, mediation is also available as a second option, and thirdly, collaborative law is a growing area of practice. As an introduction to collaborative law, we tell our clients to look at the three methods mentioned in this paragraph as a continuum, with litigation on the one end, where each party has their own lawyer and you go to court; mediation on the other end, where the two parties are in a “room” together with no lawyers and collaborative law, where you are represented by a lawyer, the lawyer is “in the room” but you agree in writing not to go to court or threaten to go to court. It is your choice as a party to choose which method to use.

What Are The Benefits Of The Collaborative Process?

1. You Have The Support Of Having A Lawyer In The Room With You, But You Are In Total Control Of The Result.

In mediation, you don’t have a lawyer with you in the room (in the mediation process, in our office). Some parties feel like they want the support of having a lawyer in the room, but they don’t want a Judge, who is a third party, deciding their future. Collaborative may be right for both parties in this circumstance.

2. You And The Other Party Control The Pace Of The Process.

In a litigation in court, the court controls the pace of the process. The court schedules the date and time of the hearing, often without consulting with the parties. In most cases, the pace of progress is slower in the courtroom situation. Courts tend to be backlogged today and cannot schedule matters promptly. In collaborative law, the parties and the lawyers schedule the pace of the process. No one is forced to be in a mediation session on a date and time which was not arranged to and agreed to by you and the other party.

3. The Parties Enjoy Complete Confidentiality In The Collaborative Process.

In litigation, financial and other documents are filed with the Court. There is no confidentiality in the litigated divorce, custody or support matter. In the collaborative process, on the other hand, the parties contractually agree to not share or disclose documents to any person outside of the collaborative “room”. There are times when people have serious tax issues, criminal backgrounds, gambling or drug issues, and the like, which a party wishes to keep absolutely private and confidential.

4. Receiving Legal Advice In Mediation.

The mediator in a mediation process does not represent either participant in the mediation. The mediator is neutral and cannot offer you advice as to what you should offer or expect in the mediation process. In the collaborative process, you have an attorney representing your interests and consulting with you confidentially as to what your legal rights and obligations are. Sometimes people are more comfortable with that arrangement.

5. Cost Of The Process.

Certainly, litigation is far more expensive than the collaborative process. This is a deciding factor in some participant’s minds.