Collaborative Law Comparison
LITIGATION
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COLLABORATIVE DIVORCE LAW
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A "win at all
cost" system pits lawyer against lawyer, husband against wife.
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Husbands and wives,
assisted by trained attorneys, reach a settlement with minimal antagonism.
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Continuing conflict
aggravates existing painful emotions.
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The use of a divorce coach and a structured and
controlled setting encourages trust and objectivity in the negotiations.
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Legal costs soar.
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Legal costs can be
contained.
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As the conflict
escalates, children suffer.
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Parties can protect children's
feelings and interests.
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Confidential
financial and personal matters become public record and open to scrutiny.
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Since there are no
public hearings, confidentiality is more easily maintained.
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A judge divides
property and establishes custodial provisions using standards that may not
meet families' particular needs.
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Attorneys and
spouses can craft more creative property agreements and parenting
arrangements.
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Negotiations all too
often take place in crowded courthouses under intense pressure.
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Negotiations occur
in a neutral environment and on a timetable agreed upon by the parties.
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Proceedings may be
prolonged.
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Agreements can be
reached more efficiently.
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Most of the cases
settle, but only after damage has been done and substantial costs have been
incurred.
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Parties agree to
settle at the outset, in a process conducive to helping them heal and move
forward
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