Picking the model that works best for your divorce case is heavily dependent on the issues involved and your personalities. There is not one model that works best for every single situation, but if you can weigh the pros and cons of each model, you’ll be able to find the best fit for your case.
This is usually the best model for couples that don’t trust each other and can’t or won’t communicate respectfully. It’s good for those couples to go into a court room and see that they are not in control; the judge is in control.
Sometimes a case looks like it will most likely go to trial, so the judge will order mediation to try and resolve it out of court. This is a great alternative but can be costly. In these cases, a good mediator is key because they can help you resolve issues without having to go to trial.
To be successful in litigation, you need to have a good attorney on your side, know the issues that are going to be tried, and make sure you’ve got realistic expectations of the court process.
In litigation, there’s a winner and there’s a loser. You’re not going to get everything you want, and you won’t like everything that is said about you in court. It’s important to know this ahead of time so you are prepared for any outcome you might receive.
It takes a lot of trust to commit to the collaborative model. If trust is something both parties have, then it’s a good arena to handle the divorce case.
Once you have signed the collaborative agreement, you are essentially locked into that process. To opt out, both sides would have to start over with new attorneys and new fees.
Creativity is a great advantage of the collaborative process. The law cannot anticipate every single situation that you are going to be in, so this process lets you create custom agreements for issues like child custody schedules and property divisions.
This process also gives a sense of protection from fear of unexpected results. Everyone is part of every discussion, so there is no asymmetrical information.
Historically, clients that go through a collaborative process feel better about the outcome because they were heavily involved in setting up what their agreement looks like and how they’re going to move forward with their life.