How does Collaborative Law differ from other methods of dispute resolution?
A. In the traditional legal approach, both parties retain attorneys whose focus is to prepare a picture of “reality” which will result in the best decision for their client by a judge. Often, this method includes denigrating the other party or his/her perception of reality. Trial is often compared to a battle, in which the best side “wins.” In some circumstances, litigation is the only option. For example, if the other party consistently hides information or is abusive, the formal procedures utilized in litigation may be the tools necessary to obtain an acceptable solution. In mediation, a neutral professional assists the parties settle the dispute. Generally, the parties agree that all information will be shared and that they are seeking a “win-win” solution. The mediator does not represent either party and the parties do not go to court. Typically, the mediation does not include attorneys except in a consulting or reviewing capacity. Mediation can work well for parties who have the a
In the traditional litigation approach, both clients retain attorneys whose focus is to prepare a picture of “reality” which will result in the best decision for their client by a judge. Often, this method includes denigrating the other party or his/her perception of reality. Trial is often compared to a battle, in which one side “wins” and one side “loses”. In some circumstances, litigation is the only option. For example, if the other party consistently hides information or is abusive, the formal procedures utilized in litigation may be the tools necessary to obtain an acceptable solution. In mediation, a neutral professional assists the clients settle the dispute. Generally, the clients agree that all information will be shared and that they are seeking a “win-win” solution. The mediator does not represent either party and the clients do not go to court. Typically, the mediation does not include attorneys except in a consulting or reviewing capacity. Mediation can work well for clie
