All divorce lawyers are trained litigators. However, with over 98% of all divorce cases settling before trial, it seems that litigators are also excellent negotiators. As the demand for a more peaceful divorce process grows, many attorneys around the country are offering their clients the option to choose a litigation or collaborative focused divorce. There are many divorce lawyers in Fort Worth who are both seasoned litigators and collaboratively trained.
While many divorce lawyers in Fort Worth and around the country are beginning to offer collaborative divorce along side of their litigation practices, others prefer to focus exclusively on either collaborative law or litigation. Even though the statistics show that nearly all cases end with negotiated settlements, the process of getting there is very different in each type of divorce.
Traditional Divorce - Litigation
In a traditional divorce, the attorney's role is to battle for their client. There is a win/lose mentality, and the goal is to win. While everyone involved in the process knows that most cases settle outside of court, they are still planning for the worst. This negative mindset causes people to act in an adversarial way. On the flip side, the role of a collaborative lawyer is to act more as a counselor with knowledge of the law and conflict resolution. The goal is to find reasonable compromise and equitable solutions. There are several unique elements in the collaborative law process that causes a shift from a negative mindset to a positive one.
Negotiations in traditional divorce are approached like a business deal where positional bargaining is used to find a legally acceptable agreement. The parties are subject to court deadlines, so if a settlement can't be reached, the case must go to court. Therefore, in a litigation focused divorce, the attorney's job is to make sure the judge knows their client has every right to and deserves compensation in the contested matters. Even though a settlement is usually made outside of the courtroom, typically, the relationship has endured more damage than what it started with. When working from a pure legal standpoint on complex family relationships, this damage is an inevitable yet unintended consequence.
The New Divorce - Collaborative Divorce
Collaborative divorce was developed as a response to the collateral damage caused by adversarial approaches. The practice has been embraced by many divorce lawyers in Fort Worth. Collaborative lawyers must shift their mindset from battle mode in favor of reasoned compromises and joint settlements. Ultimately, the "disqualification contract" and the absence of time constraints create the solid foundation for collaborative law to be successful. The focus is moved away from the threat of a courtroom battle and all of the participants are able to work toward settlement as a single problem-solving unit. Although a contract is signed to work toward settlement only, the clients do not give up their right to litigate. However, the option of taking the collaborative law team with them is forfeited.
Divorce lawyers in Fort Worth who are more comfortable working in non-adversarial settings may devote more or all of their time working on collaborative divorce cases. Some divorce lawyers in Fort Worth who are very skilled litigators, dedicate all of their time on the traditional process. However, more and more divorce lawyers in Fort Worth and around the country are offering clients a choice between the two. Every case is different and an experienced attorney can help you determine which type of divorce will be most effective given your unique circumstances. When choosing a litigation or collaborative lawyer, be sure to enquire about the scope of their experience.
