By Jill Nagy
Saratoga attorney Debra Whitson is on a mission to keep divorce clients out of court. She advocates and if possible practices collaborative divorce or mediated divorce, processes that empower the parties to resolve issues such as property division and child custody without litigation.
She explained that the parties can resolve the issues between themselves before consulting attorneys. She calls that do-it-yourself divorce. If that fails, they can bring in a neutral third party to mediate. The mediator can keep the conversation going and help the parties work things out. In mediation, each party is usually represented by an attorney. In a collaborative divorce, the parties are joined at the table by experts to assist with issues of property valuation, child welfare, and others. A divorce coach heads the team. A litigated divorce “is the last stop on the train,” said Whitson.
Resolving issues at the courthouse, that last stop, can be heart wrenching, especially for children, Whitson argues. It is also costly. Legal fees for a litigated divorce can reach $100,000 or more; the total cost, to both parties, for a collaborative divorce typically ranges from $10,000 to $15,000. The reduction in emotional cost, may be even greater.