Kinder, Gentler Collaborative Divorce Also Costs Less
Excerpted from the ABA Journal, Dec 18, 2007, article by Martha Neil
A kinder, gentler method of getting divorced has won fans among both clients and counsel. Cost may also be a motivating factor in the quest for a peaceful resolution of a problem marriage.
But it has yet to win over some traditionalists, who wonder, for instance, why collaborative divorce must include a promise not to litigate. Nonetheless, an increasing number of soon-to-be-former spouses and their lawyers are embracing collaborative divorce, as well as do-it-yourself divorce and mediation, in an effort to eliminate unnecessary animosity, reports the Associated Press.
“Most clients in a dispute are looking for an honorable peace, not war,” writes David Hoffman, a Boston lawyer, in a Christian Science Monitor op-ed piece about collaborative law practice. “Collaborative lawyers can be just as zealous about seeking such a peace as litigators are about victory in the courtroom.”
It may turn out that Collaborative Law has a considerable cost advantage over traditional litigation. The Boston Law Collaborative, where Hoffman works, recently analyzed 199 of its divorce cases. It found that mediation had a median cost of $6,600, followed by $19,723 for collaborative divorce, $26,830 for a divorce settlement negotiated by counsel, and $77,746 for a litigated divorce.
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