Divorce Options

	Collaborative Process	Litigation/Court	Mediation
Who is in control?	The Parties decide what is important to them and how to proceed, based on their lives and needs. Any resulting agreement will be enforceable, but the parties take ownership in the agreement which often prevents future disagreements.	Judge or Arbitrator decides the outcome based on the law and the facts. Process is determined by court rules. The law must be followed, regardless of what the parties want. If all issues are not resolved, it will lead to more steps in the court process.	The Parties decide what is important to them and how to proceed, based on their lives and needs. Any resulting agreement will be enforceable, but the parties take ownership in the agreement which often prevents future disagreements.
How is time managed?	Driven by the parties needs and availability.	Driven by the court rules, law, court schedule. Can take years to go to trial. Settlement discussions can be bogged down by court process.	Driven by the parties needs and availability.
How do lawyers operate?	Only focus is to help the parties reach an agreement which meets their needs and can last	Adversarial, focused on trial, goal of winning	Sometimes adversarial, sometimes focused on reaching resolution
How are experts involved?	Any expert is hired by both parties jointly to help the parties arrive at an agreement. Often, the parties agree to split the cost.	Experts are retained and paid for by each party. Experts are focused on presenting the case of the party who hired them	Can be like the court process or like the Collaborative Process.
How do the parties communicate?	Parties must communicate, and lawyers can assist. Although parties may have a hard time communicating, the process can help them learn to communicate in a healthier and more productive manner.	Often communication between parties stops or becomes hostile. Often neither party feels “heard” by the other or the judge.	Parties must communicate. Although parties may have a hard time communicating, the process can help them learn to communicate in a healthier and more productive manner.
Is there a threat of Litigation?	Parties and lawyers sign an agreement requiring them to retain new lawyers if they want to quit the process and go to court. Parties and lawyers are invested in the process and the threat of litigation is removed, paving the way for a mutual resolution.	Constant as the process has already begun. Filing additional court motions keeps the matter before the court.	Either party can stop mediation at any time. Either party can use litigation to resolve the dispute.