Family & Divorce Solutions

Legal Representation - Collaborative Law

I advise clients in all aspects of family law, and represent clients in settlement negotiations prior to the commencement of litigation.  The scope of my representation reflects the unique needs of each individual client.  Some clients require an aggressive advocate to represent them in dealings with their spouse and/or their spouse’s attorney.  Other clients require only occasional advice while they participate in mediation, or conduct settlement negotiations on their own.  Whatever the need, I seek to provide the guidance and support needed to achieve a fair, reasonable, out-of-court resolution. 

This type of practice is sometimes referred to as "collaborative law" or "collaborative divorce".  In a true collaborative case, both the parties and their attorneys agree to try to resolve their differences by agreement,  and the attorneys work cooperatively to gather information and negotiate a mutually acceptable settlement agreement.  The unique feature of the "collaborative law" movement is that the attorneys can only represent  their clients in settlement negotiations; if either party initiates litigation, the attorneys must withdraw.

Whether or not your spouse (and his/her attorney) explicitly agrees to participate in collaborative process I will work to initiate a  cooperative, civilized, reasonable negotiation.

Settlement Services

If you and your spouse are able to reach an agreement on your own, I will be happy to commit that agreement to writing.   If you and your spouse have already prepared a settlement agreement, either on your own or in mediation, I can review that agreement to assure that it reflects your objectives and intent, satisfactorily resolves all of the issues, comports with the law, and is enforceable.  

Mediation

In mediation, spouses work together with the help of a well-trained neutral mediator to reach agreement on the issues in their divorce.  You and your spouse control the process and make the decisions.  The role of the mediator is to facilitate communication, ensure fairness and civility, identify issues, encourage joint problem-solving, and commit agreements to writing. 

Mediation not only resolves legal issues; it promotes healing and helps couples transition into new roles as ex-spouses and co-parents.  As a rule, parties are vastly more satisfied with agreements reached through mediation than with outcomes imposed by the court, children suffer less trauma when their parents mediate, and mediation costs are a fraction of the costs of litigation. 

A common misperception is that mediation is only for couples who get along.  Not true.  Mediation can be extremely effective even for high-conflict spouses, helping you manage emotions, improve communications, focus on the relevant issues, identify shared goals and solve problems jointly.  Mediation can work at any time – before, during or after divorce. 

Mediation sessions generally last two to three hours, but may run longer if we are making good progress and our schedules allow.  Some couples are able to reach agreement in one or two sessions, but most require several sessions to work through the issues and reach a final agreement.

Parent Coordination

Parent Coordination is a mediation process in which parents to come together with the help of a neutral parent coordinator to resolve disagreements concerning their children.  Like any mediator, a parent coordinator is a neutral facilitator who helps parents work together to overcome their differences and  make joint decisions in the best interests of their children.  As with mediation, a single session or two may be sufficient, however most parents find it to be a valuable resource that they can turn to as needed over time.