I was told once that the opposing party in one of my cases wasn't afraid of the sheriff or the judge, but he was sure afraid of me. As the attorney who prosecuted child support enforcement cases every week for nine years, there was a time when I would have taken that as a compliment. However, the constant negativity and conflict eventually wore me out. It seemed that the Child Support clients were rarely happy, the other side was never happy. There were faces that I saw in court month after month and year after year. I prosecuted fathers and mothers for nonpayment of child support and before I left that job, I was putting their children under orders and prosecuting them for nonpayment. It appeared that the system was not working. what I saw happening, were people on both sides caught in a fight over money as a form of ongoing vengeance. The court battle over child support ignored the fact that the "fight" was destroying their lives and teaching all the wrong lessons to their children.
I left that job five years ago to enter private practice. I hoped that I could affect the outcomes of my clients more positively. What I found was that once we engaged in litigation, the anger and animosity between the parties only increased. If there were children involved, they were forgotten in battle to get "even". Winning and hurting the other person became the central focus. The damage that their fighting was doing to the children was, of course, blamed on the other parent.
I was introduced to Collaborative Law two years ago. I loved the idea from the very beginning. The main premise behind collaborative law is that you will create a "win-win" agreement for all parties involved. Each party has their own attorney, and all parties (including attorneys) sign a four-way agreement. This agreement is the key to the entire process. Essentially, all parties agree to share all information, split the cost of all necessary experts and avoid litigation. Should the case not settle, and the parties decide to litigate, then they will have to get new attorneys. This is the crucial part of the agreement. This means that the attorneys involved are as committed to the process as their clients.
The attorneys are not able to pull out the old, "I'll see you in court!" response when the situation appears to reach impasse. Instead the attorneys are as eager to break the impasse and move forward as the clients. Various techniques are employed by the attorneys to help the parties arrive at creative solutions. The parties are the ones who will be living with the final agreement and they are the ones who are most important in creating it. The attorneys help move the process along by providing legal counsel and documents as needed. This differs from mediation because the attorneys are able to provide the legal components that are often missing in the mediation process.
I have quit litigation to work full time in collaborative law and mediation. Win-win solutions for my clients are much better than the old battles in court where one side seemed to be the winner and the other side the loser. What I found was that both sides were frequently the losers because of the ongoing court appearances and costs. Their children were the losers because their parents animosity towards each other was spilling over onto them. I was a loser because the negativity and fighting was creating physical, mental, and emotional stress that I would prefer to live without. Collaborative law is the only way to go if you prefer happy clients, happier children in the cases, and a happier you.