Some practicioners try to sell the Collaborative Process as a cheaper alternative to traditional divorce. I think that this is unfair to clients and incorrect. It is absolutely correct that the collaborative process will be cheaper than going to trial 100% of the time. It is possible, however, in a traditional divorce to reach a very quick and cheap settlement. The difference between that settlement and a collaborative settlement is the way that the settlement is reached and the reasons behind the settlement. Specifically, the traditional divorce settlement is likely a quick and dirty settlement that does not address the needs and interests of the parties. In a collaborative settlement, which may take longer (and therefore cost more), the parties will be heard and long lasting and thoughtful settlement will be reached. Another way in which collaborative work can be more cost effective is via cooperative discovery as opposed to litigated discovery.
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Good points… With a “quick and cheap” settlement, the couple may also tend to end up back in court to argue over modifications and contempt actions! I have never had this happen with a collaborative case. To me, this is another huge benefit of Collaborative Divorce.
I discovered your blog and was interested in this statement. I agree. . . As a family law practictioner I have been very interested in practicing collaborative law and have been exploring this method. I have struggled with how to structure this so that it is available to individuals with less funds. Our family courts are full of pro se of modest means families. They need our services but often can’t afford the luxury of the collaborative law process.
Collaborative divorce has the potential to save parties a lot of money and a lot of time.