Can a Divorce Litigator Also Successfully Represent Clients In a Collaborative Divorce

Is it possible for a successful and experienced Divorce Litigator to represent you in your Collaborative Divorce?  While there is a definite advantage to both parties going through a divorce to settle their issues in a most amicable process, i.e. a Collaborative Divorce, there appears to be a misconception that an attorney who is formally trained to represent clients in a Collaborative Divorce is somehow a “weaker” version than a divorce attorney who only litigates.  This misconception is both wrong and unfortunate, as the ability to negotiate is tantamount to seeking resolutions in as calm and reasonable an approach thus saving you and your children from the emotional tsunami and often financial scorched earth that results from a litigated Divorce.

The notion that a lawyer who practices Collaborative Divorce and litigation is a lesser advocate is farthest from the truth.  The fact is that most successful litigators are experienced mostly in the area of litigation.  They have been trained and experienced in the art of litigation.  They have decided to arm themselves with an alternative dispute resolution tool, that has now been codified into law, whereby the parties can, if the case fits the appropriate criteria seek resolution and often save money in the process.  While not every litigator has the ability to negotiate in the tenor that is required in handling a Collaborative Divorce, many are trained in mediation and the collaborative process, so as to take your case to finalization reducing the toll on your family that inevitably is ingrained in the litigation process.

Are Collaborative Divorce attorney’s highly skilled at litigation?  Most certainly yes.  Are Litigation Divorce attorneys capable of representing clients in a Collaborative Divorce?  If you find the right one they are.  Do your homework and seek out a Divorce Attorney who is an experienced litigator, with a record of having taken cases successfully through trial and who is also formally trained in mediation and Collaborative Divorce, and active in the leading Collaborative Divorce associations, such as Collaborative Divorce Professionals (CDP) and Jersey Shore Collaborative Law Group (JSCLG).  You will get the best of both worlds.

Leave a Reply

Your email address will not be published. Required fields are marked *