Patricia Baca Attorney

Patricia Baca

Attorney at Law

Law Office of Bob Bowland

5155 Wichita Street
Fort Worth TX 76119

(817) 535-2859

The Angel of Mercy staying the sword of Lady Justice sculpted by Glynn Acree

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Litigation

Mediation Collaborative Law

Who decides the issues? Disputing parties go before a judge and possibly a jury. During the litigation process, disputing parties are sent to a third party who serves as a neutral authority trying to guide the disputants to a resolution. If no settlement is reached, the case goes or returns to court. Disputing parties agree from the beginning that they do not want to resort to litigation or threats of court proceedings. They resolve to stay in the process, which demands courtesy, respect, honesty and open records. Their attorneys reinforce this resolve by agreeing to withdraw if the case does not settle or if the parties don’t negotiate in good faith.

Who may use this process? Anyone may litigate a dispute. The court can order the parties to go to mediation. The parties can request mediation. But neither the court nor the mediator can force the parties to settle. Both disputing parties must agree in writing to follow the Collaborative Law process.

Who is in control? Parties are powerless and are not in control. A judge controls the process. The parties are in control of this process, but the thought of what will happen in court often drives the process. Parties are in control of the entire process. The parties do not focus on what would happen in court, they focus on the correct solution to their problems.

What is the focus? Focus is on blame and proving the other side wrong. Focus is on settlement, but the parties know that litigation is probable if mediation fails. So, driven by the lingering threat of returning to the courtroom battle, both sides often continue to focus on proving the other side wrong and on “winning.”

Parties are not focused on a courtroom battle or the threat of such litigation. Collaborative methods lower the barriers to fair negotiation and contribute to a positive atmosphere. Thereby, the parties, their lawyers and their expert advisers focus on the settlement that is fairest to all concerned, including children affected by the decisions. Collaborative lawyers and expert advisers are trained to work for the best possible future for the family and their finances.

How is information exchanged? Through their attorneys, parties exchange information in public and private records that become public via open court proceedings. This process can be time consuming and expensive. Parties typically come into mediation after collecting information through the litigation process. Under their signed binding agreement, parties share information openly in private meetings, thus avoiding the expensive discovery process.

How is the schedule determined? Inconvenient court-directed scheduling sets hearings and agendas. Parties determine schedules and agendas by agreement but may be subject to court deadlines to complete the process. Parties determine schedules and agendas by agreement. No deadlines are set by outside parties. Parties are in control of the process.

How is my time and money spent? Most of the time and money is spent preparing for and participating in trial. Mediation is a step in the litigation process. The parties have usually spent time and money preparing for trial before going to mediation. All of the of time and money is spent finding solutions and resolution.

How are experts and professional utilized? Each side hires his/her separate experts, as needed or wanted, to try to prove the other side wrong. Reports of experts hired for litigation are often used to bolster each side’s respective positions. Both sides must agree to hire one set of experts, as needed or wanted, to assist all disputing parties in making the best decisions for all concerned.
Sometimes mental health experts are also hired to deal with underlying problems in the family that the court system can never solve.

Will my sensitive information be kept private? Sensitive information will likely become public record. Families, individuals and business owners must release pertinent information, sensitive or otherwise, to the other side. Each side’s experts may use the information as part of the attorneys’ strategies to advocate positions in open court. It may or may not be kept private. Information shared in mediation is confidential, but the parties have probably already exchanged records in the public litigation arena. If so, then it may not remain private. If disclosed in mediation, then the information will likely remain confidential. There is no public phase of the process until the judge issues final approval of settlement. Individuals, business owners and their spouses share information with each other and their experts in a confidential process to help both sides evaluate assets, facts, debts and other data. The process aims to reach a fair and equitable settlement, including distribution of assets. In the rare instances that the Collaborative process fails, experts used in the process cannot be used in litigation.

This web site is designed for general information only. The information presented at this site is not a substitute for legal advice and does not create an attorney client relationship.

	Litigation	Mediation	Collaborative Law
Who decides the issues?	Disputing parties go before a judge and possibly a jury.	During the litigation process, disputing parties are sent to a third party who serves as a neutral authority trying to guide the disputants to a resolution. If no settlement is reached, the case goes or returns to court.	Disputing parties agree from the beginning that they do not want to resort to litigation or threats of court proceedings. They resolve to stay in the process, which demands courtesy, respect, honesty and open records. Their attorneys reinforce this resolve by agreeing to withdraw if the case does not settle or if the parties don’t negotiate in good faith.
Who may use this process?	Anyone may litigate a dispute.	The court can order the parties to go to mediation. The parties can request mediation. But neither the court nor the mediator can force the parties to settle.	Both disputing parties must agree in writing to follow the Collaborative Law process.
Who is in control?	Parties are powerless and are not in control. A judge controls the process.	The parties are in control of this process, but the thought of what will happen in court often drives the process.	Parties are in control of the entire process. The parties do not focus on what would happen in court, they focus on the correct solution to their problems.
What is the focus?	Focus is on blame and proving the other side wrong.	Focus is on settlement, but the parties know that litigation is probable if mediation fails. So, driven by the lingering threat of returning to the courtroom battle, both sides often continue to focus on proving the other side wrong and on “winning.”	Parties are not focused on a courtroom battle or the threat of such litigation. Collaborative methods lower the barriers to fair negotiation and contribute to a positive atmosphere. Thereby, the parties, their lawyers and their expert advisers focus on the settlement that is fairest to all concerned, including children affected by the decisions. Collaborative lawyers and expert advisers are trained to work for the best possible future for the family and their finances.
How is information exchanged?	Through their attorneys, parties exchange information in public and private records that become public via open court proceedings. This process can be time consuming and expensive.	Parties typically come into mediation after collecting information through the litigation process.	Under their signed binding agreement, parties share information openly in private meetings, thus avoiding the expensive discovery process.
How is the schedule determined?	Inconvenient court-directed scheduling sets hearings and agendas.	Parties determine schedules and agendas by agreement but may be subject to court deadlines to complete the process.	Parties determine schedules and agendas by agreement. No deadlines are set by outside parties. Parties are in control of the process.
How is my time and money spent?	Most of the time and money is spent preparing for and participating in trial.	Mediation is a step in the litigation process. The parties have usually spent time and money preparing for trial before going to mediation.	All of the of time and money is spent finding solutions and resolution.
How are experts and professional utilized?	Each side hires his/her separate experts, as needed or wanted, to try to prove the other side wrong.	Reports of experts hired for litigation are often used to bolster each side’s respective positions.	Both sides must agree to hire one set of experts, as needed or wanted, to assist all disputing parties in making the best decisions for all concerned. Sometimes mental health experts are also hired to deal with underlying problems in the family that the court system can never solve.
Will my sensitive information be kept private?	Sensitive information will likely become public record. Families, individuals and business owners must release pertinent information, sensitive or otherwise, to the other side. Each side’s experts may use the information as part of the attorneys’ strategies to advocate positions in open court.	It may or may not be kept private. Information shared in mediation is confidential, but the parties have probably already exchanged records in the public litigation arena. If so, then it may not remain private. If disclosed in mediation, then the information will likely remain confidential.	There is no public phase of the process until the judge issues final approval of settlement. Individuals, business owners and their spouses share information with each other and their experts in a confidential process to help both sides evaluate assets, facts, debts and other data. The process aims to reach a fair and equitable settlement, including distribution of assets. In the rare instances that the Collaborative process fails, experts used in the process cannot be used in litigation.