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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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