Divorce, a Comparison: Collaborative vs. Litigation

Collaborative Divorce is a team approach that resolves disputes without going to court. Here are some of the main differences between Collaborative and Litigation.

Who Controls the Process

• Collaborative: You and your spouse control the process and make final decisions
• Litigation: Judge controls the process and makes final decisions

Degree of Adversity

• Collaborative: You and your spouse pledge mutual respect and openness
• Litigation: Court process is based on an adversarial system

Cost

• Collaborative: Costs are manageable, usually less expensive than litigation; team model is financially efficient in use of experts
• Litigation: Costs are unpredictable and can escalate rapidly including frequency of post-judgment litigation

Timetable

• Collaborative: You and your spouse create the timetable
• Litigation: Judge sets the timetable; often delays given crowded court

Use of Outside Experts

• Collaborative: Jointly retained specialists provide information and guidance helping you and your spouse develop informed, mutually beneficial solutions
• Litigation: Separate experts are hired to support the litigants’ positions, often at great expense to each

Involvement of Lawyers

• Collaborative: Your lawyers work toward a mutually created settlement
• Litigation: Lawyers fight to win, but someone loses

Privacy

• Collaborative: The process, discussion and negotiation details are kept private
• Litigation: Dispute becomes a matter of public record and, sometimes, media attention

Facilitation of Communication

• Collaborative: Team of Collaborative Practice specialists educate and assist you and your spouse on how to effectively communicate with each other
• Litigation: No process designed to facilitate communication

Voluntary vs. Mandatory

• Collaborative: Voluntary
• Litigation: Mandatory if no agreement

Lines of Communication

• Collaborative: You and your spouse communicate directly with the assistance of members of your team
• Litigation: You and your spouse negotiate through your lawyers

Court Involvement

• Collaborative: Outside court
• Litigation: Court-based