Tuesday, 13 December, 2011 22:36
Written by Michelle Daneshrad
Litigation or Collaborative Divorce? Choose. The Difference: One Sample at a Time
You are sitting on the bench outside Department 62 of the Los Angeles Courthouse. You are so anxious, nervous, scared, and worried about what will the Judge decide that day. Your fate is in the hands of a stranger who is judging you. Your attorney is laughing and joking with the other attorneys in the hall. You feel alone and out of place. After being accused and blamed by opposing counsel and your spouse, you now feel embarrassed, small, and humiliated on top of everything else.
Imagine going through these experiences for the years that litigation takes, as you watch all the savings you had as a couple being spent on attorney fees, and expert fees, and legal costs. The worst of it is that your children are dealing with hostility and complaints from each parent toward the other. That is the damage that you cannot undone.
All that matters to you, health, family, finances are compromised for an unpredictable and uncontrollable outcome in the process of litigation that can go on for years.
Now, let’s compare the collaborative process. Your collaborative attorney, you and your spouse and his collaborative attorney are sitting in a small conference room. Your relationship coach is sitting next to you to support you. Both attorneys’ attention are with you and your spouse. You are offered fruits, sweets, tea, and coffee. They both are making sure you are comfortable. You feel respected. You are asked by your spouse’s attorney to speak about what you think will work as an outcome and what matters to you. When you say all the things you need to say, all the people in the room listen to you and validate you. Your spouse does not interrupt, because you were both taught how to listen and not interrupt.
When your spouse starts speaking about what he thinks will work for him, you have the peace of mind that you don’t have to defend yourself. You have learned to listen to him without worrying about yourself. You finally can hear him. You know the process will not end in an outcome unless the outcome is acceptable to both of you. You have the communication with your spouse with the help of the team that you could not have had before the collaborative divorce process. You and your husband are working together to plan for the children.
You have learned to respect each other in the process; so you take it home to your kids.
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