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. |