Collaborative Practice Marin

Risks and Benefits of Process Options

COLLABORATIVE

BENEFITS RISKS
Team support
Individual support
Focused
Comprehensive info gathering
Containment
Creative solutions
Children have a voice
Financial projections and expertise
Neutral specialists
Professional consultation Durable agreement Preserving relationship
Support for more difficult dynamics
Interest-based
Private
Control for parties
Decision making power for parties
Autonomy for parties
Direction conversation between parties
Tailored solutions
Possible transformation
Logistical complexities
Expense
Variable competency levels of professionals
Isomorphism
Team/client dynamics
Impact of termination and cost of new counsel
Neutral specialists 
Buying peace  


MEDIATION

BENEFITS RISKS
Neutral specialists
Durable agreement
Preserving relationship
Less Expensive
Simpler logistically
Private
Primary professional is neutral
Control for parties
Decision making power for parties
Autonomy for parties
Availability for creative solutions
Direction conversation between parties
Mediator competency & skill level
Mediator match - style, rapport
Tailored solutions
Containment
Possible transformation
Interest-based

Neutral specialists
Impact of termination and cost of new counsel
No advocacy for one or both parties
Direction conversation between parties
Power Imbalances
Difficult issues may remain secret
- DV - addictions (substance, gambling) - infidelities
Mediator competency & skill level 
Mediator-parties mismatch - style, rapport 
Potential inadequate info gathering 
Inadequate containment
Possibly less support for child's view
Buying peace

 


LITIGATION

BENEFITS RISKS
Someone decides
Temporary finality
A voice for each
Buffer
Weight of law
Enforcement of orders/stipulations
External standards and framework
Admonitions and consequences
Decision by objective person
Incentive to settle
Comprehensive info gathering
Opportunity to be heard by someone in authority
Cost
Time
Damage to relationship
Impact on kids
Illusory finality
Public
Exhaustion
Polarizing
Judicial discretion and/or bias
Settlement pressure at end
Comprehensive info gathering 
Unrealistic expectation of comprehensive info gathering
Loss of autonomy

About Collaborative Practice Marin

CPM is a community of legal, mental health and financial professionals working together to create client-centered processes for resolving conflict.  We are located in Marin County, California. 

Why Collaborative Divorce?

“Divorce is never easy but the collaborative process made mine bearable.  I had more control and therefore less stress and anxiety because I had an active role.”

~JF

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