What are some of the key differences between Collaborative Law and Litigation?
Three key differences between the collaborative law process and the litigation process are:
1. **Discovery Process**: In litigation, there’s formal discovery. In collaborative law, we replace formal discovery with a transparent exchange of information. This is a contract between all parties involved to disclose every piece of relevant financial information, whether it’s requested or not.
2. **Commitment to Family Outcomes**: In collaborative law, there is a commitment by all parties to work towards an outcome that benefits the entire family, as opposed to the strategic, zero-sum game negotiation of litigation, which often leaves people feeling battered and bruised.
3. **Focus on Children’s Needs**: Collaborative law offers the opportunity to prioritize the needs of the children and to develop a parenting plan that truly makes sense. In my 10 years of litigation experience, I learned that even when everyone intends to put the children’s needs first, it’s nearly impossible not to use the children as part of the negotiation process.