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Untested system

Published: Wednesday, July 10, 2013 5:30 a.m. CDT

To the Editor:

I now write in response to the Northwest Herald’s editorial of April 3, “Divorce bills have merit.” In the editorial, you endorse an Illinois Senate bill creating what is known as a Collaborative Law approach to resolving divorce disputes. In the box, called “For the record,” you state, “We support legislation that would make it easier for divorcing couples to settle their legal separations outside of a courtroom.”

It has been said of democracy that it is not perfect, but it is the best system created by mankind. The same is true of resolving disputes by litigation. The American legal system is not perfect, but it is the best system known in the world. The trial system is not perfect, but it has worked for many centuries.

Collaborative law is an untested system of resolving divorce disputes. There is no evidence that it will lessen the negative aspects of a divorce in the court system.

The Northwest Herald, on controversial political issues, and this is a political issue because it involves action by the state Legislature, has brought the issue before its board of editors and allows the opposing parties to give air to the issue. The Northwest Herald, in the instance of collaborative divorce, did not seek any input except from the proponents of collaborative divorce.

There are many more types of cases that come before the court other than divorce. For example, there are personal injury cases, business breach-of-contract cases, landlord-tenant cases, etc. If collaborative law is in the panacea for divorce, why have the other areas of law not embraced it?

H. Joseph Gitlin


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