Traditional Litigation / Collaborative Law

1. Role of the Attorneys
Warrior / Gladiator. The attorney's goal is to fight the client's battle, to get them the biggest piece of the pie, the right to primary possession of their children, etc.

1. Role of the Attorneys
Counselor / Guide. The attorney guides the client through the process, exploring options for problem-solving and resolution.

2. Role of the Parties
The parties have little or no control of the process, and the attorney is the voice of the party.

2. Role of the Parties
The parties control the process and results; they have an independent voice throughout the process.

3. Information Gathering
The goal (although unstated) may be to hide the ball with the rules that govern the discovery.

3. Information Gathering
The parties agree to freely exchange information with one another.

4. Experts
Litigation often becomes a costly battle of the experts.

4. Experts
The parties agree to use neutral experts when needed.

5. Privacy
The arena of problem-solving is often the public arena of the courtroom.

5. Privacy
Negotiations are conducted in the privacy of the attorney's offices.

6. Time Until Resolution
The time table is often set by the court with little regard to the parties' time table

6. Time Until Resolution
The parties determine their own time table, including scheduling of meetings and setting the goal of the time for completion.

7. Future Relationships
Already strained relationships are often further strained as a result of public airing of personal matters and finger-pointing/blame.

7. Future Relationships
Allows skills learned to be used to resolve future disputes. The parties agree not to engage in needless discussions of past events.

8. Costs
In most cases, litigation gives a lower rate of return than costs incurred in the collaborative model.

8. Costs
The parties receive value for the costs incurred in collaborative law and can achieve a higher rate of return.

9. Control of the Outcome
The decision-maker for unresolved issues will be an arbitrator, judge, or jury – none of whom know the nuances of the family. Personal bias on the part of the decision-maker may influence the outcome.

9. Control of the Outcome
The parties – who are best suited for working out an agreement which meets the needs of their family – are the decisions-makers. Concerns regarding potential personal bias on the part of the decision-maker are eliminated.