Charles Dickens’ 19th century novel BLEAK HOUSE involves a court case over a large estate. In the 19th century (and beyond) lawyers were fiercely adversarial. In the novel, the lawsuit carries on so long without resolution that in the end there is nothing left for either party. Everything has gone to pay the lawyers. Bleak? Very bleak.
When people are uncoupling, the common view is still that each side must retain lawyers who will then go to battle. Even if they first use a mediator to arrive at agreement won’t the lawyers then be adversarial in their treatment of the mediator’s work? In 2025 there is an alternative to combative costly court proceedings. Modern lawyers can be certified to work collaboratively in the effort to reduce costs and keep people out of court. These amazing lawyers can take the work of a mediator and then work with each other to ensure that the family is supported in their agreement. If the mediator has done a good job then the lawyers’ jobs are made that much easier and need only to provide independent legal advice. It can take a team to help couples negotiate painful separation. With collaborative lawyers, everyone is on the family’s team.