Reaching resolution through collaboration provides superior results in even ordinary times. In extraordinary times, it is even better.
The pandemic has created conditions at courthouses which make an already difficult system even more challenging. Most courts are now handling divorce issues through remote technology. This make the process harder than usual. Courts operate on a tight schedule, so hearings are limited in time. Even when conducted in person, finishing a divorce trial in a day or half-day (the time courts usually allow for the average divorce trial) is tough. Add in the problems that arise when the judge, each spouse, each lawyer and each witness is in a different physical location and dependent on their own computer and internet connection and you have a recipe for delays and confusion. Because of these problems, time available for actually dealing with important matters is lost.
Collaborative meetings are also being handled through remote video, but it’s different. Collaboration allows everyone to have the time needed to work through technical problems and sometimes garbled signals. This means that a meeting may take longer, but because you have control of the system, you have the time needed to reach a comprehensive resolution. Plus, what you don’t finish in today’s meeting can be rescheduled to another meeting.
Added to the other advantages of collaborative negotiation (complete agreement; respect for the participants; confidentiality; protection of important relationships), this means that now is a better time than ever to collaborate, not litigate.