Collaborative Law Settlement
My attorney settles most of her cases. How is Collaborative Law different from what she does when she settles cases in conventional litigation?
There is a difference between a settlement that is negotiated during the conventional litigation process and a settlement that takes place in the context of the process governed by a written agreement to collaborate. Most conventional family law matters settle figuratively, if not literally, "on the courthouse steps". By that time, both parties have incurred increased attorneys' fees, and a great deal of emotional damage may have been caused. The settlements are reached under conditions of considerable tension and anxiety, and both parties may experience "buyer's remorse" afterwards. Moreover, the settlements are reached in the shadow of trial, and are generally shaped largely by what the attorneys believe the judge in the case is likely to do.
The tension is significantly removed during the Collaborative Law process, which is designed from the beginning to make it possible for creative, respectful collective problem-solving to happen. It is faster, less costly, more individualized, less stressful, and overall more satisfying in its results than what occurs in most conventional settlement negotiations.