and most cases in the normal litigation model end up settling.
That is true most cases do settle in the litigation model.
But when? After 2- 4 mediation sessions? On the eve or in the middle of trial?
How much fees were unnecessarily expended on posturing.
Posturing has become a norm in the divorce practice.
Attorneys spend a great deal of time and their client’s money trying to help them, when maybe the other side may not be on the same page. It takes two to really want to compromise. And if the other side is just posturing and not really trying to actually settle at mediation – well, in reality it can be a waste.
William S. Foley is a strong proponent of mediation and trying to put clients in the position to obtain the best settlement possible, but sometimes it does not matter what intentions our office or our client has, it is incumbent on both sides of the matter to be reasonable and to come a settlement.
So what about Collaborative Divorce? How does that differ?
The collaborative practice is different as the attorneys are required to withdraw from the case if the case does not settle.
This is a scary possibility for everyone involved.
And the attorneys do not want to feel as if they have lost.
So everyone is invested in the process and they want to help their clients come up with the best alternative possible.
This is all done prior to filing of the case, therefore there are no unnecessary hearings, deadlines etc.
However, there are self imposed deadlines and agendas to keep the case on track as it is still necessary for accountability purposes to move the case forward.