Who Controls the Process?

Collaborative: You and your spouse control the process and make final decisions.
Litigation: Judge controls the process and makes final decisions.

Degree of Adversity

Collaborative: You and your spouse pledge mutual respect and openness.
Litigation: Court process is based on an adversarial system.

Cost

Collaborative: Costs are manageable, usually less expensive than litigation; team model is financially efficient in use of experts.
Litigation: Costs are unpredictable and can escalate rapidly including frequency of post-judgment litigation.

Timetable

Collaborative: You and your spouse create the timetable.
Litigation: Judge sets the timetable; often delays given crowded court.

Use of Outside Experts

Collaborative: Jointly retained specialists provide information and guidance helping you and your spouse develop informed, mutually bLitigationeneficial solutions.
Litigation: Separate experts are hired to support the litigants’ positions, often at great expense to each.

Involvement of Lawyers

Collaborative: Your lawyers work toward a mutually created settlement.
Litigation: Lawyers fight to win, but someone loses.

Privacy

Collaborative: The process, discussion and negotiation details are kept private.
Litigation: Dispute becomes a matter of public record and, sometimes, media attention.

Facilitation of Communication

Collaborative: Team of Collaborative Practice specialists educate and assist you and your spouse on how to effectively communicate with each other.
Litigation: No process designed to facilitate communication.

Voluntary vs. Mandatory

Collaborative: Voluntary
Litigation: Mandatory, if no agreement is made.

Lines of Communication

Collaborative: You and your spouse communicate directly with the assistance of members of your team.
Litigation: You and your spouse negotiate through your lawyers.

Court Involvement

Collaborative: Outside court.
Litigation: Court-based.