Collaborate, Don’t Litigate!

Face it: There’s a high likelihood your case will settle. Why not make collaboration a part of your strategy NOW?

In Massachusetts, 95% of divorces settle without going to trial. Why?

In the heat of the moment, many divorcing people overlook the reasons, but it’s simple: Court is painful, expensive and unpredictable.

Bringing your private conflict to a public place, standing before a total stranger, stating your grievances and tearing down your partner – it can wound you forever. Family fights are already painful. Why make them worse with a court hearing?

Court is expensive. One trip to court can cost more than most people’s weekly take home pay.

Going to court, you give away control over your case. Yes, the Judge may side with you; but she may not. Her decision could upend your carefully laid plans.

This is not to say that there’s never a need for a great lawyer to go into court and get you the decision you need. If you or your child is a victim of abuse; if your spouse just cleaned out your bank accounts – then yes, of course, you must use the force of law to help you out.

Even so, going to Court should be your last resort.

Why I Changed the Name of my Firm

I’ve practiced law for over thirty years.  In that time I have seen how court battles can reveal the truth of people’s motives and correct injustices.  But those cases were mostly for big businesses, insurance companies, and wealthy folks.  

Over the last fifteen years, as my love for representing families in crisis has grown, I won quite a few court battles.  But I’ve also seen how these battles tear people apart.  So over these years, I’ve come to specialize in out-of-court solutions, through mediation, negotiation, and collaboration.  

Any great family lawyer will tell you that these skills are their stock-in-trade.  Why not create the conditions from the beginning that encourage people to use these tools?

Some lawyers will tell you that they’ll “work collaboratively.”   But I put it right up front, in my name.  I’ll be your advocate, not simply to resolve your family divide, but to use proven tools that will help you heal faster and create better outcomes for your future.

A Word About My Mentor and Former Partner

Painting of Diane Esser

This portrait of Diane hangs in the front hall of the Franklin County Courthouse in Greenfield, Massachusetts. When she passed away in 2018, the local legal community took the extraordinary step of honoring her with this portrait that hangs in the front entrance of the Courthouse– an honor usually reserved for judges and governors!

Little did I know, when I began working with her in 2012, that Diane was a force of nature for justice. Yes, she was a brilliant litigator, but she had visionary ideas for creating practical access to justice for ordinary people. The Franklin County Courthouse Court Service Center, the first in the Commonwealth, is a direct result of her efforts.

Diane was always learning and innovating. Towards the end of her life, Diane had started using her deep knowledge and experience to become a crackerjack mediator. Had she not passed on so soon, she would have been a beacon of hope for people wanting to divorce with dignity and grace.

I’ve practiced law for over thirty years. In that time I have seen how court battles can reveal the truth of people’s motives and correct injustices. But those cases were mostly for big businesses, insurance companies, and wealthy folks.

Over the last fifteen years, as my love for representing families in crisis has grown, I won quite a few court battles. But I’ve also seen how these battles tear people apart. So over these years, I’ve come to specialize in out-of-court solutions, through mediation, negotiation, and collaboration.

Any great family lawyer will tell you that these skills are their stock-in-trade. Why not create the conditions from the beginning that encourage people to use these tools?

Some lawyers will tell you that they’ll “work collaboratively.” But I put it right up front, in my name. I’ll be your advocate, not simply to resolve your family divide, but to use proven tools that will help you heal faster and create better outcomes for your future.

I'm proud to carry on Diane's legacy with my work.

It’s an honor I don’t take lightly. Find out more about what Kent Collaborative Law can do for you.