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How is Collaborative Law different from the Litigation Process?

Collaborative Litigation
The parties agree to respect each other and openly communicate with each other. The Court atmosphere may feel like a battleground.
The parties, while working together, control the entire process and make all the final decisions. The Court system dictates the process and makes the final judgment.
The parties control the length of the process. The Court sets deadlines and time limits.
The parties communicate directly with each other, the other party’s attorney, and any neutral third party(ies). The attorneys communicate on your behalf with each other.
Expenses are managed between the parties, their attorneys, and neutral third parties & are openly discussed. Expenses for hearings can be costly and often times the Court’s schedule may require the parties, their attorneys, and witness to return on another day.
The parties agree on neutral third parties which can include a financial professional and/or mental health professional.  Both parties utilize the same neutral third party(ies). The parties retain separate financial and mental experts and are independently responsible for such costs.
The attorneys work together with the parties and neutral third party(ies) to reach a settlement that reflects both parties interests. The attorneys make verbal arguments to the Court and provide the Court with potentially damaging evidence regarding the other party & witness testimony in hopes of prevailing.
The parties’ personal and financial information is kept between the parties, their attorneys, and neutral third party (ies). The parties’ written disputes in pleadings are public record.
Margo Ahern Fox
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