| Collaborative | Litigation | |
|---|---|---|
| Who Controls the Process | You and your spouse control the process and make final decisions | Judge controls process and makes final decisions |
| Degree of Adversity | You and your spouse pledge mutual respect and openness | Court process is based on an adversarial system |
| Cost | Costs are manageable, usually less expensive than litigation; team model is financially efficient in use of experts | Costs are unpredictable and can escalate rapidly including frequency of post-judgment litigation |
| Timetable | You and your spouse create the timetable | Judge sets the timetable; often delays given crowded court calendars |
| Use of Outside Experts | Jointly retained specialists provide information and guidance helping,you and your spouse develop informed, mutually beneficial solutions | Separate experts are hired to support the litigants’ positions, often at great expense to each |
| Involvement of Lawyers | Your lawyers work toward a mutually created settlement | Lawyers fight to win, but someone loses |
| Privacy | The process and discussion or negotiation details are kept private | Dispute becomes a matter of public record and, sometimes, media attention |
| Facilitation of Communication | Team of collaborative practice specialists educate and assist you and,your spouse on how to effectively communicate with each other | No process designed to facilitate communication |
| Voluntary vs. Mandatory | Voluntary | Mandatory if no agreement |
| Lines of Communication | You and your spouse communicate directly with the assistance of members of your team | You and your spouse negotiate through your lawyers |
| Court Involvement | Outside court | Court-based |