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Litigation vs. Collaboration: Unpacking The Realities Of Divorce

Modern Family Law recently hosted a compelling LinkedIn Live Roundtable featuring managing attorneys from across the country discussing the topic of collaborative divorce versus litigation. The panel explored common misconceptions, evolving trends, and practical advice on navigating divorce with empathy, strategy, and clarity. Whether you’re just starting your divorce journey or seeking a better path forward, this conversation offered invaluable insight into the heart of family law today.

Meet The Panel


KS-thumbnail_1.1

Karlee Stoppenhagen,
Managing Partner

Karlee brings her signature clarity and compassion to the discussion, guiding the panel through misconceptions, legal processes, and what it means to truly meet clients where they are.

divorce lawyer

Craig Valentine,
Managing Partner

With years of courtroom experience, Craig emphasizes the importance of client education, attorney collaboration, and finding grace during difficult moments.

Dallas family lawyer Nahmu Mohseen

Najmu Mohseen
Managing Attorney

Najmu offers thoughtful insights into the Texas legal process, debunks common myths about collaborative divorce, and emphasizes empathy, especially when working with pro se parties.

Brian Litzinger Seattle family lawyer

Brian Litzinger,
Managing Attorney

Brian shared real-world examples from both Colorado and Washington, advocating for transparency, communication, and a strategic approach tailored to each family’s needs.

Watch The Full Discussion


The full discussion dives deeper into the realities of collaborative divorce and litigation, with each panelist sharing practical insights drawn from their experience in family law. Watch the video below to hear firsthand how they guide clients through conflict, dispel common myths, and promote resolution over rivalry:

Top Insights From The Discussion


Throughout the discussion, our panelists shared eye-opening perspectives on the differences between litigation and collaboration in divorce. Here’s a closer look at the key takeaways from the conversation:

1. Litigation Isn’t Always a Battle:
The attorneys clarified that litigation doesn’t automatically mean a hostile court battle. Brian Litzinger explained, “Most attorneys I work with want to resolve issues without a judge. Going to court is a last resort.” While court is sometimes necessary, a collaborative mindset can still guide the process.

2. Collaboration Requires Trust—And Realistic Expectations:
All panelists emphasized that collaboration is most effective when both parties are transparent and respectful. “If there’s domestic violence, financial secrecy, or control issues, the collaborative process may not be appropriate,” Brian noted. Understanding when collaboration works and when it doesn’t is key.

3. Clients Often Have Misconceptions:
From wanting “full custody” to assuming one lawyer can represent both parties, myths about the divorce process abound. Craig Valentine stressed the importance of client education, reminding viewers, “A bad spouse doesn’t equal a bad parent, and courts want both parents involved when possible.”

4. The Little Things Can Derail Big Plans:
Even seemingly minor disagreements, like over a China cabinet, can disrupt an otherwise amicable case. Brian shared, “Cases can fall apart over the smallest items. Often, it’s not about the object, but what it represents emotionally.”

5. Proactive Communication Prevents Conflict:
To de-escalate rising tensions, the panel encouraged picking up the phone instead of relying solely on email. “Tone gets lost in translation,” Brian said. “A quick call can resolve misunderstandings before they grow.”

6. Compassion is Critical—Even With Opposing Parties:
Najmu Mohseen shared how she approaches pro se parties (those without an attorney) with respect and empathy. “I always affirm that I’m not the enemy. I treat them with transparency, because this is likely the scariest process they’ve ever faced.”

7. Building a Collaborative Culture Starts Internally:
Craig highlighted how Modern Family Law hires attorneys who embrace collaboration over conflict. “Your reputation follows you. The way you treat opposing counsel today affects every client you’ll have tomorrow.”

8. Litigation and Collaboration Can Coexist:
The panel agreed that the best outcomes often come from blending both approaches. “It’s not either/or,” Karlee noted. “Litigation is sometimes necessary, but collaboration should always be the starting point.”

By embracing these principles, the panelists underscored how attorneys and clients can navigate divorce with strategy, clarity, and compassion.

Conclusion


This roundtable reinforced what we know to be true—family law isn’t about winning or losing. It’s about building solutions that work for families, even in difficult times. Whether your case leans toward litigation or collaboration, the right attorney helps you navigate the process with honesty, empathy, and a clear plan.

Read The Full Transcript


For those interested in exploring the full conversation, the complete transcript of this insightful roundtable is available. Follow the detailed dialogue between our managing attorneys as they share real-world experiences, clarify misconceptions, and offer practical advice on navigating divorce through collaboration or litigation.

Full Transcript

Karlee Stoppenhagen: Good afternoon, everybody. Welcome to our second-ever LinkedIn Live Roundtable. I’m Karlee Stoppenhagen, a managing partner in Modern Family Law, and we also have with us Brian Litzinger, managing attorney out of Washington; Craig Valentine, managing partner out of Colorado Springs; and Najmu Mohseen, managing attorney out of Dallas. We are going to be talking today about litigation versus collaboration and how that impacts the divorce process…

Brian Litzinger: Sure. I mean, litigation is kind of exactly as you described it—it’s that traditional process everyone thinks of. But I think the preconceived notions of what attorneys do when it comes to divorce taints that word a little. Most attorneys I work with do desire to keep things out of court and resolve issues directly…

Karlee Stoppenhagen: Great. Well, that sounds pretty similar to Colorado. So Craig, I’m going to pick on you next—what does litigation versus collaboration look like in our state?

Craig Valentine: Well, I think we don’t have that formalized process that Brian was talking about. In Southern Colorado, the jurisdictions I practice in, you still have to go through court processes. The dream client is someone who’s reasonable—even if the case is complex…

Karlee Stoppenhagen: And Najmu, I know Texas seems to be the Wild West—or maybe the Wild South—compared to us Westerners. Can you walk us through what collaboration versus litigation looks like in Texas?

Najmu Mohseen: Yeah, absolutely. There is a collaborative family law process in Texas, and it’s codified in the family code. But most people tend to go the traditional route. I think it’s more advantageous for a lot of people. It allows for more flexibility in resolving issues…

Karlee Stoppenhagen: There seem to be a lot of misconceptions out there. Najmu, do you hear any big ones in Texas?

Najmu Mohseen: Absolutely. One common misconception is that one attorney can represent both parties—ethically, that’s not something I would ever do. Another is that mediation equals reconciliation. That’s not the court’s goal—the goal is to separate things in a fair and just manner…

Karlee Stoppenhagen: I like that you steered away from the word “amicable.” People often assume divorce must be either mean or perfectly friendly. Craig, what misconceptions do you encounter in Colorado?

Craig Valentine: Definitely. People assume the only two options are either a nasty divorce or a perfect agreement. Good family law attorneys are always aiming for collaboration. Going to court doesn’t mean failure. It just means there’s something that couldn’t be resolved without a judge…

Karlee Stoppenhagen: Are there moments when you’re counseling your client on being collaborative even during litigation?

Craig Valentine: Absolutely. The biggest red flag is when someone says, “I want full custody.” It usually means they don’t understand what they’re asking. Judges don’t equate being a bad spouse with being a bad parent…

Brian Litzinger: I’ve seen cases where a client wants to destroy everything out of spite—run a business into the ground or stop working just to spite the other spouse. It hurts their own case and image more than anyone else…

Karlee Stoppenhagen: On the flip side, what about when a client says everything is agreed on and then things fall apart?

Brian Litzinger: Oh, absolutely. I’ve had cases derail over a China cabinet or a TV. It’s rarely about the item—it’s usually about underlying emotional issues…

Karlee Stoppenhagen: It’s never really about the Beanie Babies, is it? Let’s talk certifications. Najmu, is there specialized training in Texas for collaborative divorce?

Najmu Mohseen: Yes, there is a certification process in Texas. But honestly, much of it comes from experience and empathy. It’s important that clients feel heard—even when the dispute is about a toaster or pack of crayons…

Karlee Stoppenhagen: Brian, Craig—how about your states?

Brian Litzinger: Not in Washington. There are some organizations, but no required specialized license.

Craig Valentine: Same in Colorado—aside from the JD and passing the Bar, there’s nothing extra required.

Karlee Stoppenhagen: Good to know. Now, why do you think some attorneys escalate conflict unnecessarily?

Brian Litzinger: Every attorney sees conflict differently. Some think just sending discovery requests is aggressive. What’s important is setting realistic expectations with clients and maintaining professionalism…

Karlee Stoppenhagen: Any de-escalation tips?

Brian Litzinger: Pick up the phone. Email loses tone. A quick call can clear up so much and build stronger working relationships…

Karlee Stoppenhagen: Najmu, how do you approach pro se parties who see you as the enemy?

Najmu Mohseen: I treat them with respect and transparency. I remind them I’m not here to hurt them—just to help get the divorce done fairly. A phone call and a calm tone go a long way…

Karlee Stoppenhagen: Craig, how do you foster collaboration in your office?

Craig Valentine: It starts with hiring. We brought on an attorney I had as opposing counsel—she was collaborative, smart, and respectful. Reputation matters in this business. Once you burn a bridge, it follows you…

Karlee Stoppenhagen: Looking ahead, what positive trends are you seeing in collaborative divorce?

Brian Litzinger: More attorneys are collaborative now than five or six years ago. There’s less of the “see you in court” attitude and more willingness to solve problems together…

Najmu Mohseen: I agree. Courts are so backed up, it’s actually more time-effective to collaborate. For most people, it’s less stressful and much more efficient…

Karlee Stoppenhagen: Let’s end with a quick round—what’s your one piece of advice for clients?

Craig Valentine: Extend your former partner the grace you want them to give you. It doesn’t mean you have to agree, but it sets the tone for a better outcome…

Najmu Mohseen: Collaboration gives you more control. You know your family better than any judge. Take the opportunity to create something that works for you…

Brian Litzinger: Be honest with your attorney. If collaboration won’t work, we need to know early so we can guide you down the right path…

Karlee Stoppenhagen: Thank you all so much. Let’s go do good work—remember, the intersection of litigation and collaboration is settlement. Have a great day!

By: MFL Team

Posted June 24, 2025


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