Divorce is a complex legal matter.  It can involve complicated property issues and issues concerning children.  There are several ways of handling these issues.  The techniques used by this office to resolve your divorce-related disputes include litigation, negotiation, mediation, Collaborative Law and arbitration.

Litigation

The parties go to court and allow the judge or, in some cases, a jury to decide their dispute.  Litigation is a complex process of gathering data, planning and presenting the evidence in a manner that will best persuade the judge or jury.  It requires an experienced attorney that understands the judges in the county in which the dispute is to be litigated.  [Back to Top]

Negotiation

The parties either individually and/or through their attorneys discuss settlement.  This can be done before the litigation process begins or at any stage in the ligation process.  There are several negotiation techniques that can be utilized.  Preparing a strong case is helpful in successfully negotiating a settlement.  A case can be settled through negotiation even in the midst of a complex and contentious divorce. [Back to Top]

Mediation

The parties and their attorneys use a third party neutral to help them resolve their disputes.  Like negotiation, this can be done before the litigation process begins or at any stage in the litigation process.  It differs in that a third party helps the parties to facilitate dispute resolution.  The mediator is often an experienced attorney or retired judge who has special skills to assist in the dispute resolution process.  [Back to Top]

Collaborative Law
In my experience, Collaborative Law is best for complex Family Law disputes with either large estates or complex issues involving children. Each attorney remains an advocate for his/her client’s interests, but also commits to working for an optimum settlement. If this technique is used, the attorney agrees to withdraw if the case is not settled. Because of this commitment, Collaborative Law requires a non-adversarial attitude dedicated to settling issues without the emotional turmoil of a trial or other public court hearings. In addition to the lawyers, the collaborative law process may utilize other professionals such as mental health, communication and financial specialists when appropriate.  These other professionals are used to enable divorcing couples or other family adversaries to settle their differences without destroying the family or exposing their personal and business matters to a public hearing. In this process, the disputing parties, their attorneys and the neutral professional advisers engage in face-to-face discussions in a safe setting – outside the courtroom – to resolve all issues. Collaborative Law is not for simple disputes or small marital estates. It can be less expensive when the parties are dealing with large estates or complex issues involving children. However, when the estate is small and there are no complex issues regarding children, the Collaborative Process may be more expensive and more complex than may be needed.  In that event, this office can still help you using another technique.   [Back to Top]

Arbitration
In Arbitration, the parties hire a private judge to resolve their disputes.  This can only be done by written agreement of the parties.  Arbitration is used when the parties require a third party to make decisions for them, but require privacy and/or or faster resolution to the matter than a court may be able to provide.  The process can be more informal than litigation so arbitration may be a less expensive option despite the fact that the parties are paying a private judge.  [Back to Top]

Choosing the correct technique for settling a case requires an attorney with years of experience to help choose the path that is right for the individual client and the individual case.