Collaborative Law is a form of dispute resolution which removes the "win at all costs" approach from divorce. In this process, parties and their attorneys contractually agree at the outset to settle their disputes without going to court. Spouses avoid lengthy-and costly-"discovery" by agreeing to disclose and exchange all information required to make sensible and fair decisions.

The result: a less expensive, less emotionally destructive, and more dignified divorce for more and more families.

The difference between litigation and a collaborative divorce lies not only in the outcome, but in what happens along the way.

Litigation

Collaborative Law Divorce

A "win at all cost" legal system pits lawyer against lawyer, husband against wife.

Husbands and wives, assisted by trained attorneys, work toward solutions. All parties start with the desire to minimize antagonism and reach a settlement.

Continuing conflict aggravates existing painful emotions.

A structured and controlled setting encourages trust and objectivity in the negotiations.

Legal costs soar.

Legal costs can be contained.

As the conflict escalates, children suffer.

All parties seek to protect children's feelings and interests.

Confidential financial and personal matters become public record and open to scrutiny.

Since there are no public hearings, confidentiality is more easily maintained.

Judges divide property and establish custodial provisions using standards that may not meet families' particular needs.

Attorneys and spouses have the flexibility to craft more creative property and custodial arrangements.

Negotiations all too often take place in crowded courthouses under intense pressure.

Negotiations occur in an environment and on a timetable agreed upon by the parties.

Proceedings may be prolonged.

Agreements can be reached more efficiently.

Most of all cases settle -- but only after the damage has been done and substantial costs have been incurred.

Parties agree to settle at the outset, in a process conducive to helping them heal and move forward.

For more information about collaborative law please visit our links.

| home | history | guidance | tour | contact | links | disclaimer |

All rights reserved ©2002 Loveless & Loveless L.P.