Litigation

• Focuses on parties’ differences
• Emphasizes blame
• A hearing can be set on 3 days notice
• Parties feel threatened, knowing they can lose if they don’t fight
• Each party hires experts to support his position and make the other party wrong
• Judges must follow specific rules for dividing property and making arrangements for children
• Formal discovery wastes time & money
• Lawyers are paid for looking through irrelevant information and waiting at the courthouse
• Files and hearings are public
• Proceeds on a judge’s schedule
• Process is controlled by courts and lawyers
• Encourages competition between parties and lawyers

Collaborative

• Focuses on areas of agreement
• Promotes problem solving
• Everyone feels safer since they can’t be called to court
• The threat of court is removed, so relationships are less volatile
• Experts provide neutral information to both parties, saving money and time and lowering conflict
• The parties can create customized solutions for their unique situations & family circumstances
• Makes better use of clients’ time, energy, & money
• Each party gets any and all information he or she needs to make informed decisions
• Meetings are private and confidential
• Fits the parties’ timing and schedules
• Parties and team control the process
• Encourages cooperation and creativity among parties and team

DISCLOSURE and DISCLAIMER

All information in this document regarding Collaborative Law was obtained from the Texas Collaborative Law Institute. Additional knowledge about the collaborative divorce process in Texas can be obtained from the website: www.collablawtexas.com. Please note that this information is provided only as an introduction to the collaborative process, and that state laws, legal precedents and regulations vary from one jurisdiction to another. It is important to locate a collaborative professional in your specific location to obtain complete and updated information about the collaborative process of divorce.