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67 Drake L. Rev. Discourse 101 (2017-2018)

handle is hein.journals/dralours8 and id is 1 raw text is: COLLABORATIVE DIVORCE AS AN ALTERNATIVE TO TRADITIONAL ADVERSARIAL DIVORCE OR OTHER FORMS OF ALTERNATIVE DISPUTE RESOLUTION ABSTRACT Traditional adversarial divorce is often a negative experience. It frequently leads to bitter fights over assets and custody. Even outwardly sane people may find themselves in the midst of a knock-down, drag-outfight over who gets to keep the dead dog's Christmas sweater, which makes it all the more surprising that more congenial alternatives exist but are not used. For the most part, American couples seeking divorce use traditional adversarial divorce methods instead of using alternative dispute resolution, ignoring a particularly beneficial method: collaborative divorce. This Note will discuss the primary differences between collaborative divorce and traditional adversarial divorce, focusing on the fact that traditional divorce is more widely used and accepted by couples seeking divorce. This Note will explore the reason for this choice and why collaborative divorce is not more successful as an alternative. Additionally, this Note will touch on the benefits of collaborative divorce, especially in cases involving minor children and cases in which the couple still cohabitates. Lastly, this Note will discuss potential methods to encourage the use of collaborative divorce by eligible couples, including legislative enactment of the Uniform Collaborative Law Act and education and incentive by courts to encourage the use of the collaborative process. TABLE OF CONTENTS I. Introduction: What is Collaborative Divorce? ...............102 II. History of Collaborative Divorce .................................104 III. Collaborative Divorce Around the United States and the World................................106 IV. Why Isn't Collaborative Divorce More Widely Used? .... .....107 A. Benefits of Collaborative Divorce............. ........107 1. Client Satisfaction ........................ ......107 2. Think of the Kids ...........................108 3. Fiscal Responsibility ..................1.........11 4. Faster Process.................................112 5. Privacy ................................ ......113 6. Control ................................ ......114 7. Rapport with the Lawyer .................... .....115 101

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