My lawyer says she settles most of her cases. How is Collaborative Law different from what she does

Any experienced collaborative lawyer will tell you that there is abig difference between a settlement that is negotiated during theconventional litigation process, and a settlement that takes place in the context of an agreement that there will be no court proceedings or even the threat of court. Most conventional family law cases settle figuratively, if not literally, "on the courthousesteps". By that time, a great deal of money has been spent, anda great deal of emotional damage can have been caused. The settlements can be reached under conditions of considerable tensionand anxiety. Moreover, the settlements are reached in the shadow of a court hearing, and are generally shaped largely by what the lawyersbelieve the Sheriff in the case is likely to do.

Nothing could be more different from what happens in a typical collaborative law settlement. The process is geared from day one tomake it possible for creative, respectful collective problem solving to happen. It is quicker, less costly, more creative, more individualised, less stressful, and overall more satisfying in itsresults than what occurs in most conventional settlement negotiations.


Website Designed & Produced by EQ DesignW3C Copyright the Scottish Collaborative Family Law Group

Members Area