Risks and Benefits of Process Options
COLLABORATIVE
| BENEFITS | RISKS |
|
Team support Individual support Focused Comprehensive info gathering Containment Creative solutions Children have a voice Financial projections and expertise Neutral specialists Professional consultation Durable agreement Preserving relationship Support for more difficult dynamics Interest-based Private Control for parties Decision making power for parties Autonomy for parties Directed conversation between parties Tailored solutions Possible transformation |
Logistical complexities Expense Variable competency levels of professionals Isomorphism Team/client dynamics Impact of termination and cost of new counsel Neutral specialists Buying peace |
MEDIATION
| BENEFITS | RISKS |
|
Neutral specialists Durable agreement Preserving relationship Less expensive Simpler logistically Private Primary professional is neutral Control for parties Decision making power for parties Autonomy for parties Availability for creative solutions Directed conversation between parties Mediator competency and skill level Mediator match - style, rapport Tailored solutions Containment Possible transformation Interest-based |
Neutral specialists Impact of termination and cost of new counsel No advocacy for one or both parties Directed conversation between parties Power imbalances Difficult issues may remain secret - domestic violence, addictions (substance, gambling), infidelities Mediator competency and skill level Mediator-parties mismatch - style, rapport Potential inadequate information gathering Inadequate containment Possibly less support for child's view Buying peace |
LITIGATION
| BENEFITS | RISKS |
|
Someone decides Temporary finality A voice for each Buffer Weight of law Enforcement of orders/stipulations External standards and framework Admonitions and consequences Decision by objective person Incentive to settle Comprehensive information gathering Opportunity to be heard by someone in authority |
Cost Time Damage to relationship Impact on kids Illusory finality Public Exhaustion Polarizing Judicial discretion and/or bias Settlement pressure at end Comprehensive information gathering Unrealistic expectation of comprehensive information gathering Loss of autonomy |