Approximately 95% of litigated divorces settle and do not go before a judge. Does this mean that litigation, like Collaborative Divorce, focuses on cooperative compromise?
Litigation, even when it leads to settlement, is often adversarial in nature. This can lead to a dynamic of power and struggle and entrenched positions. Meanwhile, the threat looms that a failure to agree will lead to trial.
In this tense atmosphere, the kindness, grace and creativity to fashion a well-tailored agreement may be hard to come by. Conversely, in Collaborative Divorce, cooperation, diplomacy and brainstorming are emphasized throughout.