Why Should Families Use The Collaborative Law Process
Law schools focus on teaching students how to litigate. Law Students learn the Rules of Court, study legislation, study caselaw, and practice running trials. Now, there are a few weeks that Law Students spend on how to negotiate and other “alternative dispute resolutions”. The description of “alternative dispute resolutions” as being “alternative” accurately describes that litigation (going to Court) is the “primary” or “default” form of dispute resolution. Our dispute resolution system is set-up so that the default form of resolution is litigation. If parties don’t agree on how to resolve their dispute, the only thing that they can force the other party to do is to litigate. This means filing documents to ask the Court for what the parties want along with written evidence exchanging documents through lawyers, being questioned by lawyers, providing more documents, being questioned more, setting Court dates, attending Court, and eventually having lawyers ask you questions in front of a judge then letting that judge make decisions for the parties and their family. Litigation is fun for lawyers. Lawyers have to think on their feet, know their case well, and know the law well. Litigation pays Lawyers well. The law profession is still about the...