Comparison of Litigation Process and Collaborative Process
Litigation Process Descriptors:
Collaborative Process Descriptors:
Parties in disputes often feel intimidated, fearful, anxious, powerless, out-gunned, and not in control. Litigation does nothing to calm this uneasiness and, in fact, a common successful litigation tactic is to make the other side so uncomfortable they are coerced into settling.
Collaborative process affirmatively seeks to make both parties feel safe, respected, in control of their lives and as comfortable as possible while working towards resolutions–coercion is not part of the process. The goal of the process is to allow the safe expression and resolution of conflict.
Process often focused on determining blame or fault for problems.
Process focused on reaching solutions to problems.
Unpredictable results.
Predictable results.
May get results that you do not want or agree with.
There will be no result without your express agreement.
Unsafe atmosphere–subject to cross examination, subpoenas and depositions.
Safe atmosphere–civil, dignified, respectful.
Public.
Private and confidential.
Inconvenient scheduling–court and other side may determine the parties’ schedules.
Schedules for meetings are by agreement.
Filtered process–information often exchanged subject to discovery rules and lawyer/party discretion. Often negotiate indirectly through lawyers.
Transparent process–same information available all parties/attorneys at same time. Parties develop options and negotiate for resolution in “four-way” meetings.
Much time, money and energy spent getting ready for a trial that most likely will never occur. 905 of cases settle but 90% of legal fees are not spent on settlement efforts.
100% of all time, money and creative energy is spent on settlement efforts–fewer wasted financial, emotional and mental resources.
Legal expenses are not all within your control. Other side can force you to spend money on depositions, discovery and hearings that you do not want.
All legal expenses are discussed and agreed upon. Legal resources and expenses are more efficiently used.
Cannot just “try” litigation.
Can “try” collaboration–if it does not work, you can always litigated.
Thomas L. Ausley Named in "The Best Lawyers in America, Family Law Section" since 1987; board certified Family Law (1980) and Civil Trial Law (1982) by Texas Board of Legal Specialization.
Kristen A. Algert Helping couples maximize their options and maintain their dignity during divorce; board certified Family Law (1997) by Texas Board of Legal Specialization.
Eric Robertson Named in "The Best Lawyers in America Family Law Section"; board certified Family Law (1997) by Texas Board of Legal Specialization.
Kelly Ausley-Flores Assisting her clients through the difficult process of divorce by putting the clients’ needs first; board certified Family Law (2000) by Texas Board of Legal Specialization.
JoAl Cannon Sheridan Combining legal experience with a sensitivity to often emotionally difficult family law matters is essential to providing the best representation for her clients.
Kelly Caperton Member of the State Bar of Texas (2006), the American Bar Association, the Family Law Section of the State Bar of Texas, the Austin Bar Association (Family Law Section), and the Collaborative Law Institute of Texas.
