Unlike the Collaborative Process, litigation is typically adversarial in nature and often based on a ‘win/lose’ foundation. Each lawyer tends to focus on getting a better deal than the other party.
Litigation-based negotiations and agreements are often restricted by formulas, rules of thumb, governing powers and ultimatums. Within court-based approaches, decisions are made by a third party judge who may have limited knowledge of or may not consider all the needs and goals of the parties involved. This can often serve to increase conflict and create resentments that can be very upsetting, long-lasting, and make co-parenting very difficult. In addition, conflict between the parties often increases the time to reach a final resolution.