The Maryland Daily Record addresses the concerns of traditional divorce attorneys about collaborative divorce. Caryn Tamber’s article gives voice to opponents who poo-poo Collaborative Divorce.
In considering the arguments, it is helpful to keep in mind that:
Not every case involves “a pair of good divorce attorneys.”
In court cases, attorneys may use litigation tactics that do harm to relationships in order to reach a settlement.
Certainly, collaborative divorce is not for everyone. And domestic violence, mental illness and substance abuse will pose tremendous problems, regardless of the process selected.
People can maintain their privacy in collaborative divorce while ensuring full disclosure and documentation of material facts.
In litigation, “people with secrets” lie and use the litigation process itself to hinder full disclosure and create expensive barriers to information.
Unlike other forms of alternative dispute resolution, collaborative divorce prevents litigation threats and activities as a means of coercion against the other party.