Are there any types of divorce cases not appropriate for Collaborative Practice?
Actually, there are some types of cases for which there is no good approach. If one or both of the parties have significant mental disabilities, severe personality disorders, or are prone to violence, they are not ideal candidates for the Collaborative Process. On the other hand, these types of cases are not served any better, and may be made worse, by trying to use more traditional litigation or mediation process.
If one of the parties is operating under a disadvantage, the mediation model may result in an unfair result. On the other hand, the same can be true of the litigation model which can end up being extremely expensive and time consuming. Therefore, while some types of cases are not ideal for the Collaborative Process, the Collaborative Process may still be the best alternative because additional help is available which allows the spouses to find a more effective solution. Care in structuring such a case and getting the professional help needed is key.