Is “Collaborative Divorce” Better?

Is Collaborative Divorce Better?  The short answer is “yes.”  But the reality is that there are those cases which are not well-suited to the Collaborative approach, just as there are those cases which are not well-suited to traditional litigation.  Traditional litigation is not the only method to resolve a family law issue.  There are various alternative dispute resolution approaches besides “fighting” in open court for all the world to see.  Alternatives to court include Collaborative Law, mediation, arbitration and various hybrids of any of these methods.  Discussing the alternative approaches with an attorney is critical to deciding which process might best serve the client’s needs.  At Josephson & Associates, we believe that the Collaborative Process gives the parties control over the process and the outcome, rather than putting it in the hands of a commissioner or judge who knows nothing of the parties, their goals, or their children.  The Collaborative Process is resolved behind closed doors not in open court.  The parties chart their own course and their high-end goals while being mindful of the needs of the party and their children.  Often times, the Collaborative Process is less expensive than litigation, because experts are collaboratively trained professionals who are neutral.  For example, if there is an issue as to the value of a home or business, rather than both sides retaining their own expert certified appraiser, the collaborative parties retain one agreed-upon collaboratively trained expert to value the home and/or business.  In the Collaborative Process, the parties are both represented by Collaborative Attorneys which allows for economy, parity and balance.  Any non-attorney professionals brought in to assist in resolution, such as financial advisors and appraisers, and others are Collaborative Professionals committed to assisting the parties in reaching the best results sought.