Litigation is a legal term meaning “carrying out a lawsuit.” The word litigation comes from the Latin word “litigatus” meaning “to dispute, quarrel, strive.” In a divorce, litigation can be destructive to the parties and their children.
The advantages of Collaborative Practice over traditional divorce litigation include:
- Lower Cost: The Collaborative Process is generally less costly and time-consuming than litigation.
- Client Involvement: The clients are a vital part of the settlement team and have a greater sense of involvement in the decision making which affects their lives.
- Supportive Approach: Each client is supported by their lawyer and coach in a manner that still allows the attorneys to work collaboratively with one another in resolving issues.
- Less Stress: The process is much less fear and anxiety producing than facing court proceedings or the threat of such proceedings. Everyone can focus on settlement without the imminent threat of “going to court.”
- Win-Win Climate: The Collaborative process creates a positive climate that produces a more satisfactory outcome for both parties. The possibility actually exists for participants to create a climate that facilitates “win-win” settlements.
- Speed: The speed of the Collaborative process is governed by the parties rather than court calendars.
- Creativity: The Collaborative process encourages creative solutions in resolving issues.
- Clients in Charge: The non-adversarial nature of the Collaborative process shifts decision making into the hands of the clients where it belongs, rather than into the hands of a third party (the court).