916-863-9777 | Members Only | Join Us   
Collaborative Practice in Sacramento, CA |  Child Support, Divorce Attorney, & Divorce Solutions | Sacramento Collaborative Practice Group

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
Directed 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
Directed conversation between parties
Mediator competency and 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
Directed conversation between parties
Power imbalances
Difficult issues may remain secret -
   domestic violence, addictions
   (substance, gambling), infidelities
Mediator competency and skill level 
Mediator-parties mismatch - style, rapport 
Potential inadequate information 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 information 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 information gathering
Unrealistic expectation of
  comprehensive information gathering
Loss of autonomy 

About SCPG

Sacramento Collaborative Practices Group is a group of professionals interested in avoiding court battles and power struggles to resolve conflicts. Our group is a multi-disciplinary, multi-field group open to all professionals interested in Collaborative conflict resolution. Read more...

Will CP work for me?

If the following values are important to you, it is likely to be a workable option:

  • I want us to communicate with a tone of respect
  • I want to prioritize the needs of our children.
  • My needs and those of my spouse/partner require equal consideration, and I will do my best to listen objectively.

Newsletter Signup