What is the difference between a collaborative divorce and a litigation based divorce?
A. Collaboration seeks to reconcile – to have the parties accept the change in life called divorce – and within the reconciliation process to resolve matters between themselves in a way that is the best for both of them. Litigation seeks the defeat of the other – the imposition of will rather than choice. Litigation consumes resources, collaboration creatively allocates them. Collaboration, in that it deals with real issues in human as well as legal terms, is very efficient. Litigation, which deals with human issues by the imposition of artificial rules and procedures is hideously inefficient. Collaboration is based on verifiable trust – while litigation is based on the concept that to trust is to be foolish and to be trustworthy is to be weak. Litigation is “sold” by lawyers who need clients who are angry and combative, collaboration is encouraged by lawyers and clinicians who are gratified when both spouses – their client and the other spouse – leave the process intact and honorable.
