LEGAL COACHING, MEDIATION, AND COLLABORTIVE LAW

WHAT IS A FAMILY LAW MATTER?

Family law includes divorce, annulment, legal separation, child custody, child support, visitation, and paternity matters. Other family law matters may involve the enforcement and modifications of prior court orders such as custody, alimony and child support.


WHAT IS LEGAL COACHING?

Legal Coaching is an affordable way for individuals to represent themselves while working with an attorney whose experience, guidance and knowledge helps ensure that their rights are protected, they have the information needed to make good choices, and the confidence to navigate through what can be a complex and intimidating court system. As a legal coach, I assist my clients through their family law process while they remain self-represented.

Legal Coaching reduces the exorbitant costs associated with retaining an attorney who takes full ownership of their case and removes a lot of the fear and uncertainty associated with not having an attorney to represent them. Legal Coaching is a way for all self-represented parties to get the legal advice and guidance needed to arrive in court prepared with proper paperwork and realistic expectations. Working as a team, my client and I determine the steps necessary to prepare their case and move it through the system both properly and efficiently in terms of time and cost. Individuals who are committed to reducing their legal fees decide the extent and degree of my involvement, and their case and the costs and fees involved remain in their control at all times. Clients pay a reduced rate on a pay as you go basis and there is no retainer required.


EXAMPLES OF LEGAL COACHING MIGHT INCLUDE:

• Obtaining legal information and advice about preparing for divorce or commencing a divorce or custody matter.

• Legal advice on a particular issue, concern or ambiguity in their divorce agreement.

• Preparing court forms and other legal documentation.

• Discussing how procedures and guidelines work within the court system.

• Representation for a particular issue such as modifying child support, alimony or custody, a motion for contempt or to enforce a provision of your original divorce judgment.

• Researching legal issues.

• Assistance with the drafting and filing of legal documents and pleadings to insure you are meeting court deadlines, filing all of the necessary pleadings for your particular action, and in compliance with the Court’s practices and rules.

• Coaching a client for a special motion or upcoming court hearing including preparing them to testify, preparing and serving a subpoena and organizing documents for trial.


WHAT IS MEDIATION?

Mediation involves the parties meeting with a neutral mediator to discuss and resolve their issues of custody, visitation, spousal and child support, division of assets and debt without court intervention in a non-adversarial setting based on cooperation, voluntary disclosure, and mutual decision making. Although mediation is not therapy it provides an arena better able to address the emotional side of divorce. Mediators do not represent either party. The mediator facilitates productive and meaningful discussion between the parties to help them reach an agreement at their own pace and through their own work that both find fair and reasonable based on their specific standard of living, values, financial circumstances and parenting style.


WHAT IS COLLABORTIVE LAW?

The collaborative process like mediation is non-adversarial wherein each party is represented by independent counsel and issues are discussed and resolved through a series of four-way meetings between the parties and their attorneys under a written agreement not to litigate the matter in court. Like mediation the parties retain control and power over outcome. For the collaborative process to succeed there must be honest and voluntary financial disclosure, cooperation, and compromise and an agreement to participate in productive and meaningful discussion to reach a fair and reasonable settlement based on their specific standard of living, values, financial circumstances and parenting style.


WHAT ARE THE ADVANTAGES OF STAYING OUT OF COURT?

• Control and power over outcome –The law is not always clear in a family proceeding and outcomes are never guaranteed. If you want to retain a greater degree of control and influence with a feeling of empowerment as to how things turn out, rather than intimidation or frustration, you are best served through the process of mediation or a collaborative divorce in an atmosphere of cooperation with your spouse.Parties participate voluntarily, are honest and forthright in their financial disclosure and share a commitment to stay out of court and settle their issues through continued negotiations and discussion.

• Reduced financial and emotional cost – Although there is no guarantee a mediated divorce will be less costly emotionally it keeps the parties working together to arrive at an outcome they can both accept rather than an outcome imposed upon them by a judge or out of fear or because there is no more money to fight.

• Shorter time frame from start to finish – A mediated or collaborative case usually takes less time than a traditional case to settle because the parties control when to start the case, how often to meet, timelines for exchanging financial records, and direct communication between the parties reduces telephone calls, correspondence and email exchange between the parties and attorneys.

• Greater compliance with the terms of their agreement - It is proven parties have a greater commitment to an agreement reached out of court or through mediation. This results in less post-divorce litigation, less conflict and greater compliance and enforcement of their divorce agreement thereby avoiding unnecessary costs and legal fees.