Civil Litigation (Negative) 1. Why should a
parent choose civil litigation when 90% of
divorce cases settle outside of the
courtroom? Civil litigation is an adversary
atmosphere by its very definition. Civil
litigation does nothing to decrease the level
of animosity between the parents. 2. Parents
that maintain adversarial proceedings
during the divorce process find themselves
unable to effectively communicate with their
ex-spouse.
Parents typically have to run
back to their attorneys to resolve future problems they have with one another.
Collaborative Law (Benefit) allow parents:
1. The benefit of resolving their disputes
OUTSIDE of the courthouse. 2. The ability to
problem solve and collaborate with attorneys,
mental health professionals 3. The ability to
develop effectively communicate skills with
their child’s other parent so as to meet the
needs of their child during and after the
divorce process.
Collaborative (Negative) is seen by many parents as
something that is outside of their price range. The biggest
drawback to the collaborative practice of law is that if parties
can not reach an agreement on EVERY issue they must start
the process all over again. Proponents of collaborative law will
tell you that the ALL OR NOTHING approach is what
motivates settlement.