Is the Collaborative Process For Me?
If you want a respectful, fair, and open resolution then the Collaborative process is for you. When people resolve their disputes in this manner, they gain respect for each other and their relationship evolves into a healthier state rather than disintegrating into hatred. People who participate in the Collaborative Process are proud of their behavior. In the Traditional Approach, parties often spend only a few minutes in front of a commissioner and then receive a ruling. In the Collaborative Process, the parties design their own solutions and resolve their conflicts with integrity. The parties' attorneys facilitate the process and experts are used if necessary to achieve effective and healthy communication. The Traditional Approach often drags friends and family into the battle. This alienation and taking of sides shouldn't occur in the Collaborative Approach. The Collaborative Approach is for you if you value the kind of relationships you will have with the important people in your life as much as you value the amount of property/money you'll receive. The Collaborative process is for you if you want to achieve a win-win solution and not just blame and destroy the other party.
Contact Glenn to discuss whether the Collaborative process may work in your situation.
Don't Most Lawyers Negotiate Anyway?
Maybe you've heard that most cases settle short of trial. This is true, but there is a big difference between a negotiated or mediated settlement in the Traditional Approach and the process and results achieved in the Collaborative Approach. The Traditional Approach always involves the overt or hidden threat of court action. To make this threat meaningful, both sides waste lots of money and energy preparing for court. Both sides suffer stress worrying about the outcome of the conflict and suffer emotional pain from the arrows flung in the gearing up for court. In Collaborative Law, the parties agree not to litigate or take their case to court. The parties focus their attentions on achieving a win-win solution. It is often said about Traditional mediated settlements that “if both parties hate the agreement, then it is a good settlement.” That is sad, unnecessary and unhealthy. The Collaborative Approach often results in settlements the parties toast and celebrate as the best solution for both parties.
What If the Other Side Won't Cooperate?
Often parties assume there must be a lot of conflict when a relationship ends. Often parties face petty and vindictive spouses. Often parties engage in behaviors that lead to mistrust and the rules of Traditional Law encourage this disruptive behavior to some extent.. The Collaborative Approach thankfully is designed to funnel this energy into creating solutions for both parties. Glenn can help introduce uncooperative parties to the advantages to the Collaborative Approach. Contact Glenn to discuss how to proceed if your spouse is unfamiliar or skeptical about the Collaborative Process.
Is Collaborative Law less Expensive?
Nearly always. Traditional Law wastes a lot of time chasing down information and gathering evidence to tear down the other side. Often, Traditional attorneys are worried that their practices will not be as profitable if Clients demand to use the Collaborative Approach.
What If My Spouse is Terrible, Abusive, or Violent?
Court action in some cases will always be necessary to protect parties and children. However, even in some cases of domestic violence and in situations where the parties are currently engaged in bitter and nasty conflict, the Collaborative Approach offers advantages over the Traditional Approach. Solutions are more effective if the parties recognize their role in the problem and are involved in finding a solution. In the Traditional Approach, after considerable expense and after increasing the fear and anger between the parties, the victim may succeed in obtaining a Court imposed “solution.” Unfortunately, the likelihood that the wrong-doing spouse will recognize the “solution” as necessary or beneficial is not very high. In contrast, the Collaborative Process promotes frank and open discussion of personal shortcomings and the acceptance of reasonable resolutions. Therefore, in many cases, the Collaborative Approach will achieve better results even where the parties are in high conflict.