Friday 26 April 2013

My lawyer says she settles most of her cases. How is collaborative divorce different from what she does when she settles cases in a Conventional Law practice?

Most litigated divorce cases settle figuratively, if not literally, “on the courthouse steps.” By that time, a great deal of money has been spent, and a great deal of emotional damage can have been caused by the parties or their lawyers taking extreme positions on various issues. Decisions may have been made by the judge earlier in the case, which favored one party over the other, or which created difficulties for both. The final settlement is reached under conditions of considerable tension and anxiety, and both “buyer’s remorse” and “seller’s remorse” are common. Moreover, the settlements are reached in the shadow of trial, and are generally shaped largely by what the lawyers believe the judge in the case is likely to decide based on the positions the lawyers take. Nothing could be more different from what happens in a collaborative law settlement. The Collaborative Law process is designed solely to make it possible for creative, respectful collective problem solving by the only people who will have to live with the decisions – you and your spouse. It is quicker, less costly, more creative, more individualized, less stressful, and overall more satisfying in its results than what occurs in settlements based on litigation.

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